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SACRAMENTO SUBURBAN FRUIT LANDS COMPANY v. NEPSTAD

No. 5706.

36 F.2d 947 (1929)

SACRAMENTO SUBURBAN FRUIT LANDS COMPANY, a Corporation, Appellant, v. N. H. NEPSTAD, Appellee.

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 Edward P. Kelly, of Minneapolis, Minn., for appellant.

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

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

WILBUR, Circuit Judge.

This is a companion case to Sacramento Suburban Fruit Lands Co. v. Melin (No. 5671) 36 F.2d 907, to which reference is hereby made for a more particular statement of the facts.

The court instructed the jury as to what constituted a commercial orchard substantially as in the case of Sacramento, etc., v. Nelson (No. 5683) 36 F.2d 929, and in the case of Sacramento, etc...

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