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MISSION MARBLE WORKS v. ROBINSON TILE & MARBLE CO.

No. 5037.

20 F.2d 14 (1927)

MISSION MARBLE WORKS v. ROBINSON TILE & MARBLE CO.

Circuit Court of Appeals, Ninth Circuit.

June 27, 1927.

Attorney(s) appearing for the Case

George Clark Sargent, of San Francisco, Cal., and Grosscup & Morrow, Chas. A. Wallace, and J. O. Davies, all of Seattle, Wash., for plaintiff in error.

H. A. P. Myers, of Seattle, Wash., for defendant in error.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

GILBERT, Circuit Judge (after stating the facts as above).

Error is assigned to certain of the findings of fact and the refusal of the trial court to make certain findings as requested by the plaintiff. The defendant denies the power of this court to review the findings of fact, and contends that where by a written stipulation a jury is waived and the cause is tried before the court the only matters subject to review in an...

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