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BORDEN CO. v. ZUMWALT

No. 9741.

120 F.2d 69 (1941)

BORDEN CO. v. ZUMWALT.

Circuit Court of Appeals, Ninth Circuit.

May 27, 1941.

Attorney(s) appearing for the Case

Sumner Mering, of Sacramento, Cal., and Pillsbury, Madison & Sutro and Norbert Korte, all of San Francisco, Cal., for appellant.

Lowell L. Sparks, of Auburn, Cal., and Wallace Shepard, of Sacramento, Cal., for appellee.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

Appellee Zumwalt began an action in the superior court of the state of California for the county of Placer against Borden's Capital Dairy Company and Frank Emmons to recover damages for personal injuries allegedly suffered as a consequence of the negligence of the defendants in the operation of a certain truck and trailer. Zumwalt and Emmons are citizens of California.

Thereafter The Borden Company, a New Jersey corporation said to have...

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