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NORTHWEST ROADS CO. v. CLYDE EQUIPMENT CO.

No. 7610.

79 F.2d 771 (1935)

NORTHWEST ROADS CO. et al. v. CLYDE EQUIPMENT CO.

Circuit Court of Appeals, Ninth Circuit.

November 12, 1935.

Attorney(s) appearing for the Case

Wilbur, Beckett, Howell & Oppenheimer, R. W. Wilbur, H. B. Beckett, F. C. Howell, and E. K. Oppenheimer, all of Portland, Or., and Francis E. Marsh, of McMinnville, Or. (Payne Karr, of Seattle, Wash., of counsel), for appellants. Wm. B. Layton and Edward A. Boyrie, both of Portland, Or., for appellee.

Before WILBUR, DENMAN, and HANEY, Circuit Judges.

HANEY, Circuit Judge.

This is an appeal from a judgment rendered in favor of plaintiff for rental of machinery and equipment furnished by plaintiff to one Poulsen and his assignee who were obliged under a contract with the defendant Northwest Roads Company to furnish and crush rock to be used by said defendant in the construction of roads.

The defendant Northwest Roads Company, referred to hereinafter as the contractor, entered into two contracts with Clallam...

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