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FENNER v. DEPENDABLE TRUCKING CO., INC.

Nos. 81-5752, 81-5777.

716 F.2d 598 (1983)

John FENNER, Plaintiff/Appellee, v. DEPENDABLE TRUCKING COMPANY, INC., a California corporation, Federated Department Stores, Inc., a Delaware corporation, and Martin Lemmons, Defendants/Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 9, 1983.

Dissenting Opinion September 28, 1983.

Attorney(s) appearing for the Case

Norby & Brodeur, Torrance, Cal., Horvitz & Greines, Ellis J. Horvitz, Marilyn L. Hoffman, Encino, Cal., for Dependable Trucking Co.

Charles H. Carpenter, Los Angeles, Cal., for Federated Dept. Stores.

Richard A. Caplan, Long Beach, Cal., for plaintiff-appellee.

Before CHAMBERS, ROBB, and ALARCON, Circuit Judges.

ALARCON, Circuit Judge:

Dependable Trucking Company, Inc., and Martin Lemmons, (hereinafter Dependable) and Federated Department Stores dba Ralphs (hereinafter Ralphs) appeal from a judgment entered by the district court after denial of their motion for a new trial.

We are asked to determine whether the district court denied appellants a fair trial by refusing to continue the trial because of the unavailability of...

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