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SIMMONS v. BIRGE CO.

No. 2880 O'C.

52 F.Supp. 629 (1943)

SIMMONS v. BIRGE CO., Inc.

District Court, S. D. California, Central Division.

November 10, 1943.

Attorney(s) appearing for the Case

Faries & McDowell, of Los Angeles, Cal., for plaintiff.

John L. Wheeler, of Los Angeles, Cal., for defendant.

J. F. T. O'CONNOR, District Judge.

This is an action to recover damages for breach of contract. The suit was originally commenced in the state courts, but was subsequently removed here and maintained pursuant to 28 U.S.C.A. § 41(1). Certain issues decisive of the plaintiff's case were submitted following a pre-trial hearing.

The plaintiff was the organizer and president of John B. Simmons, Inc., which is engaged in the business of selling wall-paper,...

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