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WINCKLER & SMITH CITRUS PRODUCTS CO. v. SUNKIST GROWERS, INC.

No. 19739.

346 F.2d 1012 (1965)

WINCKLER & SMITH CITRUS PRODUCTS CO., a corporation, and James A. A. Smith, Trustee, Appellants, v. SUNKIST GROWERS, INC., a corporation, and The Exchange Orange Products Company, a corporation, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied July 8, 1965.

Attorney(s) appearing for the Case

William C. Dixon, Los Angeles, Cal., Bernard Reich, Beverly Hills, Cal., for appellants.

Ross C. Fisher, Herman F. Selvin, Los Angeles, Cal., for appellees.

Before BARNES, MERRILL and BROWNING, Circuit Judges.

MERRILL, Circuit Judge.

Appeal is taken from judgment dismissing this private antitrust action for failure of appellant to prosecute, pursuant to remands for new trial from this court, 316 F.2d 275, and from the Supreme Court, 370 U.S. 19, 82 S.Ct. 1130, 8 L.Ed.2d 305.

It is conceded that prosecution could not be had due to an order of the District Court staying further proceedings until appellant...

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