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HOLLINGSWORTH v. GENERAL PETROLEUM CORPORATION

No. 12790.

26 F.Supp. 917 (1939)

HOLLINGSWORTH v. GENERAL PETROLEUM CORPORATION OF CALIFORNIA.

District Court, D. Oregon.

January 31, 1939.

Attorney(s) appearing for the Case

Earl A. Nott, of McMinnville, Or., and Maguire, Shields & Morrison, by Donald K. Grant, all of Portland, Or., for plaintiff.

Wilson & Reilly, by John F. Reilly, all of Portland, Or., for defendant.

McCOLLOCH, District Judge.

The question for decision is whether the established rule in this court of trying fraud "in the consideration" of releases without a jury must be changed, because of Erie Railroad Co. v. Tompkins, 304 U.S. 64, 58 S.Ct. 817, 82 L.Ed. 1188, 114 A.L.R. 1487. It is contended that the holding of Olston v. Oregon Water Power & R. Co., 52 Or. 343, 96 P. 1065, 97 P. 538, 20 L.R.A., N.S., 915, to the effect that...

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