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

No. 11314.

163 F.2d 37 (1947)

SODERBERG et al. 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 appellants.

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.

Appellants (Edward C. Soderberg, John J. Kissane and Willard B. Howell) brought an action against appellees (S. Birch & Sons Construction Company and Morrison-Knudsen Company). The complaint was in 85 counts. Appellees answered, and a trial was had. At the trial, counts 51, 74 and 81 were dismissed on motion of appellants. After...

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