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CATERPILLAR TRACTOR CO. v. INTERNATIONAL H. CO.

No. 9149.

106 F.2d 769 (1939)

CATERPILLAR TRACTOR CO. v. INTERNATIONAL HARVESTER CO.

Circuit Court of Appeals, Ninth Circuit.

October 4, 1939.

Attorney(s) appearing for the Case

Chas. M. Fryer, Alfred C. Aurich, and Harold Johnson, all of San Francisco, Cal., for appellant.

Alfred Sutro, of San Francisco, Cal., and Percy S. Webster, of Stockton, Cal., and Wm. S. Elliott, Paul O. Pippel, George L. Wilkinson, and Charles L. Byron, all of Chicago, Ill. (Pillsbury, Madison & Sutro, of San Francisco, Cal., and Wilkinson, Huxley, Byron & Knight, of Chicago, Ill., of counsel), for appellee.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.

STEPHENS, Circuit Judge.

This is an appeal from portions of a final decree of the United States District Court, rendered after the granting of a motion for judgment on the pleadings in an action for declaratory relief. 28 U.S.C. A. § 400.1 For clarity the appellant and appellee will be referred to as defendant and plaintiff respectively.

An answer was filed to the original complaint, and thereafter amendments adding other...

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