Byrne

This action is for damages for personal injury sustained by appellee in consequence of the disintegration of an allegedly defective panel raiser head manufactured by appellant, an Illinois corporation, and shipped by it to appellee’s employer in California, of which state appellee is a resident. A verdict awarding damages was returned and a judgment entered thereon.

On appeal from that judgment, Woodworkers Tool Works v. Byrne, 9 Cir., 191 F.2d 667 , this court held with appellee on the merits.. But a motion of appellant to quash the service of summons had been denied by the trial court, and we thought, 191 F.2d at pages 670-673, that the showing before the court at the time the motion was ruled on, going to the issue whether appellant had constituted one Preuer by law an agent in California to receive service of process on its behalf, was insufficient to warrant the denial. We noted, however, that during the course of the trial substantial oral evidence had been received tending to show the existence of the necessary agency relationship between appellant and Preuer, and we summarize this evidence, 191 F.2d at page 673 ; but it was further noted that the trial judge regarded the…