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McCONNELL v. PICKERING LUMBER CORPORATION

No. 13602.

217 F.2d 44 (1954)

James V. McCONNELL and Margot Murphy McConnell, Appellants, v. PICKERING LUMBER CORPORATION, Appellee.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied December 21, 1954.

Attorney(s) appearing for the Case

Herbert Bartholomew, Pemborke Gochnauer, San Francisco, Cal., for appellant.

John F. Downey, Ralph R. Martig, Downey, Brand, Seymour and Rohwer, Sacramento, Cal., Charles E. Whittaker, Watson, Ess, Whittaker, Marshall & Enggas, Kansas City, Mo., for appellee.

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

HEALY, Circuit Judge.

This is a diversity case involving in major part the local interpretation of section 3399 of the California Civil Code, relating to the reformation of contracts.1

Appellants, citizens of New York, brought suit against appellee, a Delaware corporation with its principal offices in Kansas City, to recover upon a written contract, copy of which was attached and made a part of the complaint. As an alternative...

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