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SACRAMENTO SUBURBAN FRUIT LANDS CO. v. NELSON

No. 5683.

36 F.2d 929 (1929)

SACRAMENTO SUBURBAN FRUIT LANDS CO. v. NELSON et al.

Circuit Court of Appeals, Ninth Circuit.

Motion for Modification of Opinion Denied January 13, 1930.

Attorney(s) appearing for the Case

Butler, Van Dyke & Desmond, of Sacramento, Cal., and Arthur C. Huston, of Woodland, Cal., for appellant.

Ralph H. Lewis and George E. McCutchen, both of Sacramento, Cal., for appellees.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

WILBUR, Circuit Judge.

This is a companion case to Sacramento, etc., v. Melin (No. 5671) 36 F.2d 907, to which reference is made for a general statement of the situation involved in this case.

The appellants asked the court to give the following instruction:

"The law presumes that a person is innocent of crime or wrong; that private transactions have been fair and regular; that the ordinary course of business has been...

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