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VAN NORDEN v. CHARLES R. McCORMICK LUMBER CO.

No. 5442.

27 F.2d 881 (1928)

VAN NORDEN v. CHARLES R. McCORMICK LUMBER CO. OF DELAWARE.

Circuit Court of Appeals, Ninth Circuit.

August 6, 1928.

Attorney(s) appearing for the Case

Lord & Moulton, of Portland, Or., for appellant.

Ralph H. King and McCamant & Thompson, all of Portland, Or., and McCutchen, Olney, Mannon & Greene, Farnham P. Griffiths, and Joseph B. McKeon, all of San Francisco, Cal., for appellee.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

DIETRICH, Circuit Judge.

This is an action for the identical personal injury for which damages were sought in Van Norden v. McCormick Lbr. Co. (C. C. A.) 17 F.2d 568. The parties also are the same, and the negligence alleged is that specified under "(2)" in the former opinion. Correctly, we think, the court below held that the judgment in that case operates as a judicial estoppel. The only distinctive feature here set forth is that...

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