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SACRAMENTO SUBURBAN FRUIT LANDS CO. v. ANDERSON

No. 5694.

36 F.2d 937 (1929)

SACRAMENTO SUBURBAN FRUIT LANDS CO. v. ANDERSON.

Circuit Court of Appeals, Ninth Circuit.

December 17, 1929.

Attorney(s) appearing for the Case

J. W. S. Butler and Butler, Van Dyke & Desmond, all of Sacramento, Cal., for appellant.

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

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

RUDKIN, Circuit Judge.

This is another of the Sacramento Suburban Fruit Lands cases.

The first specification of error is based on an order overruling a demurrer to the complaint. The demurrer was a general one for want of sufficient facts, and we have already held that such a demurrer does not raise the defense of the statute of limitations (Code Civ. Proc. § 338, subd. 4) under the California practice. Sacramento...

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