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FRUIT INDUSTRIES RESEARCH FOUND. v. NATIONAL CASH REG. CO.

No. 22000.

406 F.2d 546 (1969)

FRUIT INDUSTRIES RESEARCH FOUNDATION, d/b/a Food Industries Research & Engineering, Appellant, v. The NATIONAL CASH REGISTER COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

January 23, 1969.

Attorney(s) appearing for the Case

Elwood Hutcheson, Yakima, Wash., for appellant.

John Gavin of Gavin, Robinson, Kendrick, Redman & Mays, Yakima, Wash., for appellee.

Before JOHNSEN, Senior Circuit Judge, and MERRILL and ELY, Circuit Judges.

ELY, Circuit Judge:

This appeal is from the District Court's order dismissing with prejudice, at the close of presentation of evidence to a jury, a civil action prosecuted by the appellant. That suit was based on alleged fraudulent misrepresentation. Jurisdiction of the District Court was predicated on 28 U.S.C. §§ 1332 and 1441, and the applicable law is that of the State of Washington. Our jurisdiction rests on 28 U.S.C. § 1291.

Appellant...

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