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SMITH ENGINEERING CO. v. PRAY

No. 6821.

61 F.2d 687 (1932)

SMITH ENGINEERING CO. (PENNSYLVANIA) et al. v. PRAY, District Judge, et al.

Circuit Court of Appeals, Ninth Circuit.

November 7, 1932.

Attorney(s) appearing for the Case

Sterling M. Wood, of Billings, Mont., Albert I. Beach, of Kansas City, Mo., and Wood & Cooke, of Billings, Mont., for petitioners.

Johnston, Coleman & Jameson, of Billings, Mont., and Gunn, Rasch, Hall & Gunn, of Helena, Mont., for respondent.

Before WILBUR and SAWTELLE, Circuit Judges.

WILBUR, Circuit Judge.

Petitioners' application for rehearing having been granted, and the opinion heretofore rendered having been reported [58 F.2d 926, 927], we refer to that opinion for a statement of the facts.

In petitioners' application for rehearing, the applicability of the hypothetical question stated by the court in the former opinion is vigorously assailed. This hypothetical question is as follows: "Will a court...

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