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GUNTHER v. SAN DIEGO & ARIZONA EASTERN RAILWAY CO.

Civ. No. 2459.

192 F.Supp. 882 (1961)

F. J. GUNTHER, Petitioner, v. SAN DIEGO & ARIZONA EASTERN RAILWAY COMPANY, a corporation, Defendant.

United States District Court S. D. California, S. D.

March 27, 1961.

Attorney(s) appearing for the Case

Charles W. Decker, San Francisco, Cal., Clifton Hildebrand, Hildebrand, Bills & McLeod, Oakland, Cal., for petitioner.

Gray, Cary, Ames & Frye, James W. Archer, Eugene L. Freeland, San Diego, Cal., W. A. Gregory, William R. Denton, San Francisco, Cal., for defendant.

WEINBERGER, District Judge.

On November 28, 1960 defendant made a Motion for Summary Judgment on the ground that "There is no genuine issue as to any material facts in this action and that defendant is entitled to a judgment as a matter of law."

Rule 3(d) (2) of the Local Rules of our District, West's Ann.Cal.Code provides:

"There shall be served and filed with each motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure...

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