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FRED HARVEY CORPORATION v. MATEAS

No. 11858.

170 F.2d 612 (1948)

FRED HARVEY CORPORATION v. MATEAS.

United States Court of Appeals Ninth Circuit.

November 3, 1948.

Attorney(s) appearing for the Case

Schell & Delamer, of Los Angeles, Cal. for appellant.

Walter Gould Lincoln, of Los Angeles, Cal., for appellee.

Before STEPHENS and HEALY, Circuit Judges, and BLACK, District Judge.

STEPHENS, Circuit Judge.

Elmer Mateas brought suit in California against Fred Harvey Corporation to recover damages for personal injuries allegedly sustained by being thrown from a mule belonging to the corporation. The case is in the federal court because of diversity of citizenship. At the close of the plaintiff's case, the court, sitting without a jury, granted defendant's motion for a judgment of dismissal and plaintiff appealed. This court reversed the judgment...

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