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LIGGETT & MYERS TOBACCO CO. v. DE LAPE

No. 9224.

109 F.2d 598 (1940)

LIGGETT & MYERS TOBACCO CO. v. DE LAPE.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied March 7, 1940.

Attorney(s) appearing for the Case

Frank P. Doherty and William R. Gallagher, both of Los Angeles, Cal., for appellant.

Fred Mansur and Austin E. Longcroft, both of Los Angeles, Cal., for appellee.

Before GARRECHT, HANEY, and STEPHENS, Circuit Judges.

STEPHENS, Circuit Judge.

Appellee David E. De Lape, plaintiff, recovered judgment in tort against appellant Liggett & Myers Tobacco Company, a corporation, defendant. This appeal is from that judgment.

The case was begun in the California Superior Court and was removed to the United States District Court because of diversity of citizenship of the parties, and was tried to the court without the aid of a jury upon stipulation of the parties. The cause was...

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