UNITED STATES v. PACIFIC FRUIT & PRODUCE CO.

No. 10340.

138 F.2d 367 (1943)

UNITED STATES v. PACIFIC FRUIT & PRODUCE CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied December 1, 1943.


Attorney(s) appearing for the Case

Francis M. Shea, Asst. Atty. Gen., David L. Kreeger, Sp. Asst. to Atty. Gen., Irvin M. Gottlieb, of Washington, D. C., and Edward M. Connelly, U.S. Atty., of Spokane, Wash., for appellant.

Ryan, Askren & Mathewson and Howard W. Sanders, all of Seattle, Wash., for appellee.

Before GARRECHT, STEPHENS, and HEALY, Circuit Judges.


GARRECHT, Circuit Judge.

This court has been asked to determine whether or not there was an abuse of discretion when the court below dismissed with prejudice the appellant's action for an accounting, after the appellant had virtually admitted a failure of proof and had requested a voluntary nonsuit.

The appellant's complaint set up twenty separate causes of action against the appellee. Typical of these was the third cause of action, which involved the following...

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