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WESTERN UNION TELEGRAPH CO. v. NESTER

No. 9104.

106 F.2d 587 (1939)

WESTERN UNION TELEGRAPH CO. v. NESTER et al.

Circuit Court of Appeals, Ninth Circuit.

September 15, 1939.

Attorney(s) appearing for the Case

Francis R. Stark, of New York City, Oscar Lawler, of Los Angeles, Cal., and Alfred Sutro, of San Francisco, Cal. (Lawler, Felix & Hall, of Los Angeles, Cal., and Pillsbury, Madison & Sutro, of San Francisco, Cal., of counsel), for appellant.

August J. O'Connor and George J. Hider, both of Los Angeles, Cal., for appellees.

Before WILBUR, GARRECHT, and HANEY, Circuit Judges.

HANEY, Circuit Judge.

Appellant challenges a judgment rendered against it for breach of its duty to transmit and deliver $150 paid it by appellee Nester, to appellee Charles in the Republic of Honduras.

Appellees, at the time of the transactions in question, were partners engaged in operating, under lease, a mine in the Republic of Honduras. Nester, on August 2, 1937, at Los Angeles, shipped some goods to Charles, who was in the Republic of Honduras. The shipment...

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