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SMITH-BLAIR, INC. v. R. H. BAKER & CO.

Civ. No. 18823-S.

232 F.Supp. 484 (1962)

SMITH-BLAIR, INC., a corporation, Plaintiff, v. R. H. BAKER & CO., a corporation, and Edward H. Schustack, an individual, Defendants.

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

December 3, 1962.

Attorney(s) appearing for the Case

A. Donham Owen, Robert E. Wickersham, Melville Owen, San Francisco, Cal., Collins Mason, William R. Graham, Los Angeles, Cal., Ernest R. Finney, Amarillo, Tex., for plaintiff.

C. G. Stratton, Neil G. McCarroll, Robert L. Harrington, Los Angeles, Cal., for defendants.

ALBERT LEE STEPHENS, JR., District Judge.

Several motions made after verdict are pending and a proposed form of judgment has been submitted, to which objections are pending. These matters raise as a primary question, what is the "better practice"1 for the District Court to follow in a case such as this in the light of the pronouncements of the Supreme Court and of the Court of Appeals for this, the Ninth Circuit? The cases to which reference...

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