FEAK v. MARION STEAM SHOVEL CO.

No. 8072.

84 F.2d 670 (1936)

FEAK v. MARION STEAM SHOVEL CO.

Circuit Court of Appeals, Ninth Circuit.

July 27, 1936.


Attorney(s) appearing for the Case

James Arthur Powers, Philip A. Joss, and Senn & Recken, all of Portland, Ore., for appellant.

Bogle, Bogle & Gates, of Seattle, Wash., and Dey, Hampson & Nelson, Herbert L. Swett, and R. R. Morris, all of Portland, Ore., for appellee.

Before WILBUR, MATHEWS, and HANEY, Circuit Judges.


WILBUR, Circuit Judge.

This action was brought to recover damages for fraud. The trial court instructed the jury to return a verdict in favor of the defendant upon the ground that the action was barred by the two-year statute of limitations of the state of Oregon. Sections 1-201, 1-206, Oregon Code 1930.

This is the second action brought for this same fraud. A judgment of nonsuit was entered in the first action. This action having been brought within a year...

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