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SACRAMENTO SUBURBAN FRUIT LANDS CO. v. MacNAIR

No. 5722.

36 F.2d 950 (1929)

SACRAMENTO SUBURBAN FRUIT LANDS CO. v. MacNAIR.

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 appellee.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

DIETRICH, Circuit Judge.

In its general background the case is like Sacramento Suburban Fruit Lands Co. v. Melin (No. 5671) 36 F.2d 907, this day decided. The contract which appellee alleges he was fraudulently induced to make was executed February 3, 1920. This suit, brought to recover damages for the alleged fraud, was commenced more than 8 years thereafter, namely, on March 5, 1928. In its answer appellant averred that the cause...

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