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SOUTHERN PAC. CO. v. SCHWARTZ

No. 8289.

89 F.2d 192 (1937)

SOUTHERN PAC. CO. v. SCHWARTZ.

Circuit Court of Appeals, Ninth Circuit.

March 15, 1937.

Attorney(s) appearing for the Case

Francis M. Hartman, of Tucson, Ariz. (Guy V. Shoup, of San Francisco, Cal., of counsel), for appellant.

Thos. J. Elliott and Joseph H. Riley, both of Tucson, Ariz., for appellee.

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

NETERER, District Judge.

Reversal is sought of a judgment in favor of plaintiff against the defendant for failure in duty owed plaintiff, as invitee upon its premises at Tucson, Ariz., for plaintiff's safety.

Concisely stated, it is charged, and evidence produced tended to show, that a dangerous and deceptive condition in defendant's baggage and parcel room was maintained and permitted to exist; that plaintiff, wholly...

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