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MARTIN v. REYNOLDS METALS CORPORATION

No. 17438.

297 F.2d 49 (1961)

Paul MARTIN and Verla Martin, Appellants, v. REYNOLDS METALS CORPORATION, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied December 7, 1961.

Attorney(s) appearing for the Case

George W. Mead and Irving Rand, Portland, Or., for appellant.

King, Miller, Anderson, Nash & Yerke; Fredric A. Yerke, Jr., and Clifford N. Carlsen, Jr., Portland, Or., for appellee; Gustav B. Margraf and W. Tobin Lennon, Richmond, Va., of counsel.

Before ORR, KOELSCH and DUNIWAY, Circuit Judges.

DUNIWAY, Circuit Judge.

This case presents novel questions under Rules 27 and 34, F.R.Civ.P. We conclude that the order appealed from was within the powers of the court below. That court, as we shall show, had jurisdiction under 28 U.S.C. § 1332 (diversity). The appeal is proper under 28 U.S.C. § 1291, since the order is final so far as the proceeding below is concerned. (Mosseller v. U. S., CA 2,

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