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COSTELLO v. SAFEWAY STORES INCORPORATED

No. 23342.

429 F.2d 1181 (1970)

John COSTELLO, as Trustee of the Estate of Arthur W. Baxter, Appellee, v. SAFEWAY STORES INCORPORATED, Appellant.

United States Court of Appeals, Ninth Circuit.

August 6, 1970.

Attorney(s) appearing for the Case

Boris H. Lakusta (argued), David J. Marchant, of Graham & James, San Francisco, Cal., for appellant.

Eldon M. Johnson (argued), of Silver, Rosen & Johnson, Rothschild & Phelan, San Francisco, Cal., for appellee.

Before MADDEN, Judge of the United States Court of Claims, and MERRILL and TRASK, Circuit Judges.

MADDEN, Judge:

Costello, as trustee in bankruptcy of the bankrupt estate of Baxter, brought this suit in the district court to collect money allegedly owed by Safeway stores to Baxter, for trucking services performed by Baxter for Safeway. Costello claims that the payments formerly made by Safeway, though they were the amounts provided for in contracts between Baxter and Safeway, were insufficient because they were less than the amounts set by California law as the...

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