Brewer

Paramount Pest Control Service v. Brewer

Good Law
177 F.2d 564·1949 U.S. App. LEXIS 3238
United States Court of Appeals for the Ninth CircuitOctober 27, 1949No. 12170California1,935 words

Opinion

Lead Opinion

McCormick, J.

This appeal from a judgment of the District Court of Oregon is again before the court under an amplified record entered in the trial' court pursuant to the remand issued herein November 16, 1948. See Paramount Pest Control Service v. Brewer et al., 9 Cir., 170 F.2d 553 . No new or additional evidence to that shown in the transcript of record in the former appeal was introduced or taken in the court below. The cause was again considered by the learned trial judge who has presided in the action throughout its course in the District Court. Additional essential specific findings of fact and conclusions of law have been made by him and duly entered in the court below, and a final judgment denying an injunction against defendants and further adjudging “that the plaintiff take nothing against the defendants or either or any of them, and that the complaint be dismissed without costs to any party” was entered in the District Court on December 27, 1948. It is from such judgment that this appeal is taken by Paramount *565 Pest Control Service, a corporation, the plaintiff in the trial court, which for brevity is also referred to herein as Paramount.

Based upon a stipulation of the attorneys…

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