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ENGLERT v. S. BIRCH & SONS CONST. CO.

No. 11313.

163 F.2d 34 (1947)

ENGLERT v. S. BIRCH & SONS CONST. CO. et al.

Circuit Court of Appeals, Ninth Circuit.

Writ of Certiorari Denied November 10, 1947.

Attorney(s) appearing for the Case

Oscar A. Zabel and Frederick Paul, both of Seattle, Wash., for appellant.

J. Charles Dennis, U. S. Atty., Frank Pellegrini and John E. Belcher, Asst. U. S. Attys., all of Seattle, Wash., for appellees.

Before GARRECHT, MATHEWS and HEALY, Circuit Judges.

Writ of Certiorari Denied November 10, 1947. See 68 S.Ct. 154.

MATHEWS, Circuit Judge.

Appellant (F. J. Englert) brought an action against appellees (S. Birch & Sons Construction Company and Morrison-Knudsen Company). The complaint was in four counts. Appellees answered, a trial was had, and a judgment was entered dismissing counts 1-3 and granting in part the relief sought in count 4. From so much of the judgment as dismissed counts 1-3 this appeal is...

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