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SOUTHERN PAC. CO. v. CORBETT

No. 4055-R.

23 F.Supp. 193 (1938)

SOUTHERN PAC. CO. v. CORBETT et al.

District Court, N. D. California, S. D.

May 3, 1938.

Attorney(s) appearing for the Case

Guy V. Shoup and Harry H. McElroy, both of San Francisco, Cal., for Southern Pac. Co.

U. S. Webb, Atty. Gen., and H. H. Linney and James J. Arditto, Deputy Attys. Gen., for defendants.

Before DENMAN, Circuit Judge, and ST. SURE and ROCHE, District Judges.

DENMAN, Circuit Judge.

This case has been submitted under an agreed statement of facts which sustains the pertinent allegations of the bill discussed in our opinion denying the motion for its dismissal. 20 F.Supp. 940. The railway has established that the storage use of the railway materials, solely for its current repairs and renewals and necessary extensions of its intermingled interstate and intrastate enterprise and plant...

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