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BEALL PIPE & TANK CORPORATION v. SHELL OIL COMPANY

No. 20033.

370 F.2d 742 (1967)

BEALL PIPE & TANK CORPORATION, a corporation, Appellant, v. SHELL OIL COMPANY, a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

January 4, 1967.

Attorney(s) appearing for the Case

Mautz, Souther, Spaulding, Kinsey & Williamson, and John L. Schwabe, and James H. Bruce, James M. Burns, of Benson, Whitely, McLennan & Burns, Portland, Or., for appellant.

Lamar Tooze, Lamar Tooze, Jr., Arden E. Shenker, of Tooze, Powers, Kerr, Tooze & Peterson, Portland, Or., for appellee.

Before MERRILL, BROWNING and DUNIWAY, Circuit Judges.

MERRILL, Circuit Judge:

With jurisdiction grounded upon diversity of citizenship, appellant (Beall) has brought suit against appellee (Shell) for damages resulting from alleged product defect. Jury trial resulted in a verdict for Beall. Challenging the sufficiency of the evidence to support the verdict, Shell then moved for new trial and for judgment non obstante veredicto. The District Court granted both motions and entered judgment for Shell;

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