ROYAL INDEMNITY CO. v. INDEPENDENCE INDEMNITY CO.

No. 5580.

29 F.2d 43 (1928)

ROYAL INDEMNITY CO. v. INDEPENDENCE INDEMNITY CO.

Circuit Court of Appeals, Ninth Circuit.

November 12, 1928.


Attorney(s) appearing for the Case

E. L. McDougal, of Portland, Or., for appellant.

Barry & Morrison and Wilbur, Beckett, Howell & Oppenheimer, all of Portland, Or., for appellee.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.


DIETRICH, Circuit Judge.

Upon sustaining a demurrer to plaintiff's complaint, the court below entered a judgment of dismissal, from which the plaintiff appeals.

From the complaint and exhibits attached thereto it appears that in districts designated as Nos. 1, 2, 3, 4, and 5, the city of Reedsport, Or., projected certain street improvements, involving, among other things, the making of fills. At the same time the port...

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