KELLING NUT CO. v. NATIONAL NUT CO. OF CALIFORNIA

No. 10832.

145 F.2d 418 (1944)

KELLING NUT CO. v. NATIONAL NUT CO. OF CALIFORNIA.

Circuit Court of Appeals, Ninth Circuit.

October 23, 1944.


Attorney(s) appearing for the Case

Guy A. Gladson and Arthur D. Welton, Jr., both of Chicago, Ill., and Collins Mason, of Los Angeles, Cal., for appellant.

Hugh N. Orr and Charles S. Evans, both of San Francisco, Cal., and Frederick S. Lyon, of Los Angeles, Cal., for appellee.

Before DENMAN and HEALY, Circuit Judges.


DENMAN, Circuit Judge.

After argument the motion to dismiss, the appeal was granted from the bench on August 28, 1944. Appellant seeks a rehearing.

On June 22, 1943, the court below entered a judgment of dismissal of the complaint, without prejudice, on condition that "the question of defendant's costs and expenses herein shall hereafter be determined upon motion presented to the United States District Court for the Northern District of Illinois, Eastern,...

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