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GRIMM v. CALIFORNIA SPRAY-CHEMICAL CORPORATION

No. 16091.

264 F.2d 145 (1959)

Charles W. GRIMM, Appellant, v. CALIFORNIA SPRAY-CHEMICAL CORPORATION, Appellee.

United States Court of Appeals Ninth Circuit.

March 10, 1959.

Attorney(s) appearing for the Case

Conron, Heard & James, Wayne M. Hamilton, Bakersfield, Cal., for appellant.

Wild, Christensen, Barnard & Wild, Robert M. Barnard, Fresno, Cal., for appellee.

Before HEALY and ORR, Senior Circuit Judges, and HAMLEY, Circuit Judge.

HEALY, Senior Circuit Judge.

This case is here on appeal from an order of the district court granting a new trial. The question presented is whether or not the order is appealable.

Appellant Grimm brought suit against appellee California Spray-Chemical Corporation for damages for breach of warranty of fitness of certain agricultural chemicals sold to him for spraying a peach orchard.1 The orchard was damaged

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