REA v. HEARTY

No. 6823.

62 F.2d 461 (1932)

REA v. HEARTY.

Circuit Court of Appeals, Ninth Circuit.

December 21, 1932.


Attorney(s) appearing for the Case

Lord & Moulton, of Portland, Or., for appellant.

Senn & Recken, of Portland, Or., for appellee.

Before WILBUR, SAWTELLE, and MACK, Circuit Judges.


PER CURIAM.

The judgment is affirmed upon the first ground stated in the charge of Judge Fee instructing the jury to return a verdict in favor of the defendant, as follows:

"* * * The only testimony in this case as to the employment and the phase of transportation being a part of the contract of employment was as to the contract made apparently some years before in 1927, under the uncontradicted testimony in the case, and at that time it was apparently simply...

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