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BIRNIE v. PERMANENTE METALS CORP.

No. 12766.

192 F.2d 752 (1951)

BIRNIE v. PERMANENTE METALS CORP. et al.

United States Court of Appeals Ninth Circuit.

November 13, 1951.

Attorney(s) appearing for the Case

Hill, Farrer & Burrill, Elliott H. Pentz, Los Angeles, Cal., for appellant Birnie.

Bruce Walkup, Willis S. Slusser, Thelen, Marrin, Johnson & Bridges, San Francisco, Cal., for appellee Permanente Metals Corp.

Before DENMAN, Chief Judge, and BONE and POPE, Circuit Judges.

DENMAN, Chief Judge.

Appellant, hereafter called Birnie, seeks reversal of a judgment awarding damages, against Birnie as an individual, to Permanente Metals Corporation, hereafter called Permanente, of the amount of Birnie's profits in excess of ten per cent thereof, made in Birnie's subcontract with Permanente for his work in the construction of 22 auxiliary attack transports. These were to be chartered to the Navy by the...

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