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TUOLUMNE GOLD DREDGING CORP. v. WALTER W. JOHNSON CO.

Civ. 4082.

61 F.Supp. 62 (1945)

TUOLUMNE GOLD DREDGING CORPORATION v. WALTER W. JOHNSON CO. et al.

District Court, N. D. California, N. D.

June 9, 1945.

Attorney(s) appearing for the Case

George K. Ford and J. B. Zimdars, both of San Francisco, Cal., for plaintiff.

De Lancey C. Smith and Thomas R. White, both of San Francisco, Cal., for defendant Walter W. Johnson Co.

Thomas E. Davis, of San Francisco, Cal., for defendant Fidelity & Deposit Co.

WELSH, District Judge.

Defendants moved for summary judgment and judgment on the pleadings, mainly on the ground that the issues raised in the amended complaint were heard and determined in certain consolidated cases in the State court. Their supplemental answers set forth that in a certain action filed in the Superior Court of the State of California, in and for the County of Stanislaus, entitled "Western Pipe and Steel Company of California, a corporation, plaintiff...

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