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SACRAMENTO SUBURBAN FRUIT LANDS CO. v. JOHNSON

No. 5721.

36 F.2d 948 (1929)

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

Circuit Court of Appeals, Ninth Circuit.

December 17, 1929.

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 appellees.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

DIETRICH, Circuit Judge.

This is one of the Rio Linda or Sacramento Suburban Fruit Lands cases.

Upon the question of the statute of limitations (Code Civ. Proc. § 338, subd. 4) it is thought the complaint as amended was sufficient as against a demurrer on that ground, and no other serious question is raised by the demurrer; and, as against the motion for a directed verdict, we think the evidence was clearly such as to require submission of the issue to...

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