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PERRIN v. ALUMINUM CO. OF AMERICA

No. 13115.

197 F.2d 254 (1952)

PERRIN et al. v. ALUMINUM CO. OF AMERICA et al.

United States Court of Appeals Ninth Circuit.

May 23, 1952.

Attorney(s) appearing for the Case

Koerner, Young, McColloch & Dezendorf, James C. Dezendorf, Herbert H. Anderson, Portland, Or., John Yerkovich, Portland, Or., McLean & Klingberg, Longview, Wash., for appellants.

Smith, Buchanan, Ingersoll, Rodewald & Eckert, William H. Eckert, Frank L. Seamans, Pittsburgh, Pa., Hart, Spencer, McCulloch, Rockwood & Davies, Hugh L. Biggs, William W. Wyse, Portland, Or., Metzger, Blair, Gardner & Boldt, Hilton B. Gardner, Tacoma, Wash., for appellees.

Before HEALY, BONE, and ORR, Circuit Judges.

HEALY, Circuit Judge.

This action was commenced in a Washington state court to recover damages for injury allegedly done to plaintiffs' crops by fumes from a plant of the defendant Aluminum Company, a Pennsylvania corporation. One Thayer, a resident of Washington, was joined as a defendant. One of the plaintiffs was likewise a resident of that state. The cause was removed to the federal court on petition of the corporate defendant,

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