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HOSTON v. J. R. WATKINS COMPANY

No. 17424.

300 F.2d 869 (1962)

William James HOSTON, Appellant, v. The J. R. WATKINS COMPANY, a corporation, aka Watkins Products, Inc., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

March 28, 1962.

Attorney(s) appearing for the Case

Vaughn & Morrow, by George L. Vaughn, Jr., Los Angeles, Cal., for appellant.

David C. Levenson and Alfred J. Smallberg, Los Angeles, Cal., for appellee; Alfred J. Smallberg, Los Angeles, Cal., of counsel.

Before JERTBERG, DUNIWAY, Circuit Judges, and DAVIS, District Judge.

DUNIWAY, Circuit Judge.

Plaintiff, Hoston, appeals from a summary judgment entered in a diversity case. The judgment orders that he take nothing by his complaint and that the defendant J. R. Watkins Company (Watkins) have judgment against him in the sum of $2,151.27. The latter judgment is based upon a counterclaim for the net balance of an account between the parties for goods sold by Watkins to plaintiff. The counterclaim was denominated as such, but plaintiff did...

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