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MODIN v. MATSON NAV. CO.

No. 10044.

128 F.2d 194 (1942)

MODIN v. MATSON NAV. CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 12, 1942.

Attorney(s) appearing for the Case

S. T. Hogevoll, of San Francisco, Cal., for appellant.

Herman Phleger, Maurice E. Harrison, and Moses Lasky, all of San Francisco, Cal. (Brobeck, Phleger & Harrison, of San Francisco, Cal., of counsel), for appellee.

Before MATHEWS, HANEY, and STEPHENS, Circuit Judges.

MATHEWS, Circuit Judge.

This was an action by appellant, David Modin, hereafter called plaintiff, against appellee, Matson Navigation Company, hereafter called defendant, in the District Court of the United States for the Northern District of California. It was an action at law. The complaint was in two counts. Defendant moved to dismiss count 1 upon the ground that it failed to state a claim upon which relief could be granted, and to dismiss count 2 upon the same...

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