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SPORTIQUE FASHIONS, INC. v. SULLIVAN

No. 76-3264.

597 F.2d 664 (1979)

SPORTIQUE FASHIONS, INC. and Sportique II Fashions, Inc., Plaintiffs-Appellants, v. William SULLIVAN, Lim P. Lee, Lee Stalard, William H. Lawrence, Wilmer Bennett, William D. Chronert, Thomas E. Brennan, Manuel Maldonado, Dudley Wakefield, Jr., and Does 1-100, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

March 21, 1979.

Attorney(s) appearing for the Case

William T. McGivern, Jr., Asst. U. S. Atty., San Francisco, Cal., for defendants-appellees.

Roger J. Marzulla, Matthews & Marzulla, San Jose, Cal., for plaintiffs-appellants.

Before TRASK and HUG, Circuit Judges, and DICK YIN WONG, District Judge.

TRASK, Circuit Judge.

The nature of this case was well-put by the district judge in his Findings of Fact:

"Inscribed on the Main Post Office in New York City is the famous quotation: Not snow, nor rain, nor heat, nor gloom of night stays these couriers from the swift completion of their appointed rounds. The issue before this court is whether a negligence action for damages lies against individual...

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