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NATIONAL NUT CO. OF CALIFORNIA v. KELLING NUT CO.

No. 8204.

134 F.2d 532 (1943)

NATIONAL NUT CO. OF CALIFORNIA v. KELLING NUT CO. et al.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied May 10, 1943.

Attorney(s) appearing for the Case

Arthur D. Welton, Jr., Frank J. Foley, Guy A. Gladson, and Bryce L. Hamilton, all of Chicago, Ill., for appellants.

John J. McLaughlin, of Chicago, Ill., for appellee.

Before MAJOR, KERNER, and MINTON, Circuit Judges.

PER CURIAM.

In a suit pending in the District Court of the United States for the Southern District of California, Central Division, Judge O'Connor issued an order on September 17, 1942, authorizing the plaintiff to take depositions under Rule 26 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

Sometime on or about October 9, 1942, the plaintiff filed a petition in the office of the Clerk of the District Court of the United States...

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