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SACRAMENTO SUBURBAN FRUIT LANDS CO. v. WAGNER

No. 5854.

40 F.2d 897 (1930)

SACRAMENTO SUBURBAN FRUIT LANDS COMPANY, a Corporation, v. C. A. WAGNER.

Circuit Court of Appeals, Ninth Circuit.

May 19, 1930.

Attorney(s) appearing for the Case

Butler, Van Dyke, Desmond & Harris, of Sacramento, Cal., and E. P. Kelly, of Minneapolis, Minn., for appellant.

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

Before DIETRICH and WILBUR, Circuit Judges, and NORCROSS, District Judge.

DIETRICH, Circuit Judge.

In its general features the case is like Sacramento Suburban Fruit Lands Co. v. Tatham (C. C. A.) 40 F.2d 894, this day decided, and was tried below at substantially the same time. The assignment involving the ruling upon an identical challenge to the District Judge's qualifications is covered by our decision in that case.

Following negotiations with defendant's agents in Duluth, Minn., where he formerly...

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