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SOUTHERN PAC. CO. v. SARTORIS

Nos. 5453-5455.

27 F.2d 852 (1928)

SOUTHERN PAC. CO. v. SARTORIS et al.

Circuit Court of Appeals, Ninth Circuit.

August 6, 1928.

Attorney(s) appearing for the Case

Ford, Johnson & Bourquin, of San Francisco, Cal. (Frank C. Cleary, of San Francisco, Cal., and A. E. Stewart, of San Francisco, Cal., of counsel), for appellant.

Horace M. Street, of San Francisco, Cal., for appellee Sartoris.

Before RUDKIN, DIETRICH, and HUNT, Circuit Judges.

DIETRICH, Circuit Judge.

The controversy underlying these appeals was decided by us in Sartoris v. Utah Construction Co. et al. (No. 5064) 21 F.2d 1. As will be noted, the original judgment of dismissal was there reversed, "with instructions to enter a judgment upon the record as it stands, in favor of plaintiff [Sartoris] and against the railroad company [appellant here], for the reasonable cost of the extra work called for by the...

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