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CALLAN v. COPE

No. 11710.

165 F.2d 703 (1948)

CALLAN v. COPE et al.

Circuit Court of Appeals, Ninth Circuit.

January 23, 1948.

Attorney(s) appearing for the Case

David A. Fall and Leonard Dimiceli, both of San Pedro, Cal., for appellant.

Stephenson, Real & Karmelich, of San Pedro, Cal., for appellees.

Before DENMAN, HEALY and BONE, Circuit Judges.

DENMAN, Circuit Judge.

Callan brought a libel against Cope for $497.00 maintenance, the reasonable value of medical expenses, and for $35,000.00 damages for personal injuries. On petition of libelant, the court ordered Arthur Austin to be joined as respondent. Austin was cited to appear on January 13, 1946. The cause was brought to trial before District Judge O'Connor on January 7, however, and Austin did not appear below though he was called as a witness by libelant...

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