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O'BRIEN v. METRO-GOLDWYN-MAYER, INC.

No. 17923.

319 F.2d 294 (1963)

Edward Dunbar O'BRIEN, Appellant, v. METRO-GOLDWYN-MAYER, INC., et al., Appellees.

United States Court of Appeals Ninth Circuit.

June 3, 1963.

Attorney(s) appearing for the Case

Willedd Andrews, Los Angeles, Cal., for appellant.

Loeb & Loeb, Lawrence Parke Watkin and Sol Rosenthal, Los Angeles, Cal., Kaplan, Livingston, Goodwin & Berkowitz, Beverly Hills, Cal., for appellee.

Before BARNES and JERTBERG, Circuit Judges, and FOLEY, District Judge.

ROGER D. FOLEY, Jr., District Judge.

The Court below dismissed appellant's complaint with prejudice and without leave to amend upon the grounds that the claim was barred by the adjudications in two prior cases that had come on before different Judges of the Court from which this appeal is taken. The District Judge had before him the records in case No. 1161-57 PH and case No. 43-59 TC.

Appellant did not designate, as required by rule 75, F.R.Civ.P., any portions...

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