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McCREARY v. UNITED STATES

No. 11137.

23 F.Supp. 385 (1938)

McCREARY v. UNITED STATES.

District Court, D. Oregon.

March 5, 1938.

Attorney(s) appearing for the Case

Allan A. Bynon and Clifford G. Schneider, both of Portland, Or., for plaintiff.

J. Mason Dillard, Asst. U. S. Atty., and Gerald J. Meindl, Atty., Department of Justice, both of Portland, Or.

McCOLLOCH, District Judge.

At the opening of the trial of this case, it was brought to my attention that the case had previously been tried by a jury before Judge McNary, and that the judgment at the former trial, which was for the plaintiff, had been reversed by the Circuit Court of Appeals, which held that Judge McNary should have directed a verdict for the defendant. United States v. McCreary, 9 Cir., 61 F.2d 804.

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