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JORGENSEN BROS. v. COMMERCE-PACIFIC, INC.

No. 17014.

294 F.2d 768 (1961)

JORGENSEN BROS., Appellant, v. COMMERCE-PACIFIC, INC., Appellee.

United States Court of Appeals Ninth Circuit.

July 10, 1961.

Attorney(s) appearing for the Case

Townsend & Townsend, Stephen S. Townsend, Charles E. Townsend, Jr., and James B. Gambrell, San Francisco, Cal., for appellant.

George Bouchard, El Cajon, Cal., and Richard A. Perkins, Los Angeles, Cal., for appellee.

Before CHAMBERS and HAMLEY, Circuit Judges, and BOWEN, District Judge.

PER CURIAM.

The appeal is dismissed without prejudice.

The basic claim of Denison-Johnson, Inc., as plaintiff against Jorgensen Bros. and others, presumably is still pending in the district court. The Jorgensens' counterclaim against Commerce-Pacific and the plaintiff Denison-Johnson has been dismissed as to Commerce-Pacific on the ground of improper venue. (The pleading so far as it concerns Commerce-Pacific would be more properly denominated a cross-claim...

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