Sears, Roebuck & Co. v. Metropolitan Engravers, Limited

245 F.2d 67 SEARS, ROEBUCK & CO., a corporation, Appellant, v. METROPOLITAN ENGRAVERS, Limited; Metropolitan Mat Service, Inc.; Gregory F. Duffy, Aubrey A. Duffy, Alfred Smutz, Walter C. Duffy and Frank R. Blade, Appellees. No. 14564. United States Court of Appeals Ninth Circuit. Nov. 27, 1956. Rehearing Denied March 22, 1957. Newlin, Holley, Tackabury & Johnston; John L. Wheeler, Hudson B. Cox, George W. Tackabury, Los Angeles, Cal., for appellant. Nathan M. Dicker, William J. Clark, Beverly Hills, Cal., Knudson, Wolfe & Knudson, Tobias G. Klinger, Gerald R. Knudson, Gerald R. Knudson, Jr., Los Angeles, Cal., for appellees. Before FEE and CHAMBERS, Circuit Judges, and WALSH, District Judge. JAMES ALGER FEE, Circuit Judge. 1 In an action in the District Court, plaintiff Sears, Roebuck 1 alleged that all of the defendants conspired to defraud plaintiff in the following manner: Blade was employed by plaintiff in its Los Angeles group of stores as Advertising Manager and as such entered into many contracts with Metropolitan Engravers, Ltd., 2 which manufactured engravings which were sold to and used by plaintiff in newspaper advertising. 2 According to the allegations, it…