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FIRST NAT. BANK OF SAN RAFAEL v. PHILIPPINE REFINING CORP.

No. 6417.

51 F.2d 218 (1931)

FIRST NAT. BANK OF SAN RAFAEL v. PHILIPPINE REFINING CORPORATION OF NEW YORK.

Circuit Court of Appeals, Ninth Circuit.

July 13, 1931.

Attorney(s) appearing for the Case

Luther Elkins, of San Francisco, Cal., and Thomas P. Boyd, of San Rafael, Cal. (George M. Naus, of San Francisco, Cal., of counsel), for appellant.

Alfred Sutro, Eugene D. Bennett, and Samuel L. Wright, all of San Francisco, Cal. (Pillsbury, Madison & Sutro, of San Francisco, Cal., of counsel), for appellee.

Before WILBUR and SAWTELLE, Circuit Judges, and NETERER, District Judge.

WILBUR, Circuit Judge.

Appellant brought an action for the conversion of 7,159 gallons of denatured alcohol valued at $4,152. After written stipulation, the case was tried by the court without a jury on August 28, 1930, and submitted to the court for its decision. On December 12, 1930, the court entered an order for judgment as follows: "Ordered that the plaintiff take nothing, and that the defendant have judgment for its costs of suit. Let judgment be entered accordingly...

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