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MILES v. LAVENDER

No. 4604.

10 F.2d 450 (1926)

MILES v. LAVENDER.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied March 8, 1926.

Attorney(s) appearing for the Case

John Ralph Wilson, of San Francisco, Cal., for plaintiff in error.

John H. Martin, of Tucson, Ariz., and R. H. Cross and Arthur H. Brandt, both of San Francisco, Cal., for defendant in error.

Before HUNT, RUDKIN, and MORROW, Circuit Judges.

HUNT, Circuit Judge.

Writ of error to review a judgment upon a verdict in favor of Lavender against Miles for damages for injuries received by Lavender while operating a drag line machine in Arizona. The action was brought under the Arizona Employers' Liability Act. Paragraph 3153 et seq., Civil Code of Arizona.

Defendant denied negligence, pleaded knowledge of the risks, and alleged that after the accident Lavender agreed to accept full compensation for injuries...

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