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WESTERN PACIFIC RAILROAD CORP. v. WESTERN PACIFIC R. CO.

Nos. 14515, 14501.

216 F.2d 513 (1954)

WESTERN PACIFIC RAILROAD CORPORATION and Alexis I. DuPont Bayard, Receiver, Appellants, v. WESTERN PACIFIC RAILROAD COMPANY et al., Appellees.

United States Court of Appeals Ninth Circuit.

November 1, 1954.

Attorney(s) appearing for the Case

Leroy R. Goodrich, Oakland, Cal., Frank C. Nicodemus, Jr., New York City, James R. Morford, William Marvel, Wilmington, Del., for appellants.

Allan P. Matthew, James D. Adams, Walker W. Lowry, Burnham Enersen, Robert L. Lipman, McCutchen, Thomas, Matthew, Griffiths & Greene, San Francisco, Cal., for appellee.

Before HEALY, ORR, and POPE, Circuit Judges.

HEALY, Circuit Judge.

This suit, here on appeal from a summary judgment of dismissal, represents an attempt by appellants to renew litigation heretofore finally determined against them in Western Pac. R. R. Corp. v. Western Pac. R. Co., 9 Cir., 197 F.2d 994, rehearing denied 9 Cir., 206 F.2d 495. In that litigation, generally dubbed the "tax savings" suit, appellants were by the district court denied...

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