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KIERULFF v. METROPOLITAN STEVEDORE COMPANY

No. 17638.

300 F.2d 614 (1962)

Jorgen V. KIERULFF, Appellant, v. METROPOLITAN STEVEDORE COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

March 14, 1962.

Attorney(s) appearing for the Case

Ashley Stewart Orr, Los Angeles, Cal., and John M. Calimafde, New York City, for appellant.

Whann & McManigal, Los Angeles, Cal., James M. Naylor, San Francisco, Cal., for appellee.

Before POPE, HAMLEY and KOELSCH, Circuit Judges.

POPE, Circuit Judge.

The appellee has moved the court for an order striking points 2 to 8, inclusive, and point 10, from appellant's statement of points on appeal. The motion recites that it is based on Rule 75(e) and (h) of the Federal Rules of Civil Procedure, 28 U.S.C.A. Examination of the memorandum filed in support of the motion indicates that the motion is based upon the appellee's contention that this court is not in a position to consider or pass upon any...

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