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CULJAK v. WEBB

No. 10748.

145 F.2d 822 (1944)

CULJAK et al. v. WEBB et al.

Circuit Court of Appeals, Ninth Circuit.

November 28, 1944.

Attorney(s) appearing for the Case

Frank J. Barry, of Los Angeles, Cal., and Conner & Jones and Gerald Jones, all of Tucson, Ariz., for appellants.

Frank E. Flynn, U. S. Atty., of Phoenix, Ariz., and John P. Dougherty, Asst. U. S. Atty., of Tucson, Ariz., for appellees.

Before DENMAN, STEPHENS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

In December 1940 appellants leased to appellees a trenching machine for use in the digging of trenches for sewer and water lines at Fort Huachuca, Arizona. For convenience we shall refer to the parties as lessor and lessee. On completion of the job, in April of 1941, the machine was returned to the lessor. The latter sued to recover on account of expenses incurred in the making of repairs and for alleged loss of time in the use of the machine...

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