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HIGGINS v. CALIFORNIA PRUNE & APRICOT GROWER

No. 33.

3 F.2d 896 (1924)

HIGGINS et al. v. CALIFORNIA PRUNE & APRICOT GROWER, Inc.

Circuit Court of Appeals, Second Circuit.

November 3, 1924.

Attorney(s) appearing for the Case

Pitkin & Rosensohn, of New York City (David L. Levy, of San Francisco, Cal., of counsel), for appellant.

Myers & Goldsmith, of New York City (Norman M. Behr, of New York City, of counsel), for appellees.

Before ROGERS and MANTON, Circuit Judges, and LEARNED HAND, District Judge.

LEARNED HAND, District Judge.

On the former hearing (282 F. 550) this court reversed a decree dismissing the bill on its face, and sent the cause back for a hearing, whence it now comes after decree for the plaintiff in accordance with our decision. Meanwhile the Supreme Court has decided the case of Kline v. Burke Construction Co., 260 U.S. 226, 43 S.Ct. 79, 67 L. Ed. 226, 24 A. L. R. 1077,...

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