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RAJOTTE-WINTERS v. WHITNEY CO.

No. 4234.

2 F.2d 801 (1924)

RAJOTTE-WINTERS, Inc., v. WHITNEY CO.

Circuit Court of Appeals, Ninth Circuit.

December 15, 1924.

Attorney(s) appearing for the Case

Alfred P. Dobson, of Portland, Or., and Wakefield & Witherspoon, of Spokane, Wash., for plaintiff in error.

Dolph, Mallory, Simon & Gearin and Edgar Freed, all of Portland, Or., for defendant in error.

Before GILBERT, ROSS, and HUNT, Circuit Judges.

GILBERT, Circuit Judge.

The plaintiff in error was the plaintiff below in two causes of action, one to recover compensation in addition to the sum provided for and to be paid to it under its contract with the defendant for the construction of a railroad bed, and one to recover moneys alleged to have been expended on behalf of the defendant in the construction work. A jury trial was waived and the cause was tried before the court. At the conclusion of the testimony...

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