Evaporated Milk Association v. Roche, No. 10034.

CourtUnited States Courts of Appeals. United States Court of Appeals (9th Circuit)
Writing for the CourtPER CURIAM
Citation126 F.2d 467
PartiesEVAPORATED MILK ASSOCIATION et al. v. Honorable Michael J. ROCHE, Judge of the District Court of the United States for the Northern District of California, and the District Court of the United States for the Northern District of California, Southern Division.
Docket NumberNo. 10034.
Decision Date04 March 1942

126 F.2d 467 (1942)

EVAPORATED MILK ASSOCIATION et al.
v.
Honorable Michael J. ROCHE, Judge of the District Court of the United States for the Northern District of California, and the District Court of the United States for the Northern District of California, Southern Division.

No. 10034.

Circuit Court of Appeals, Ninth Circuit.

March 4, 1942.


Pillsbury, Madison & Sutro, Marshall P. Madison, Francis R. Kirkham, Morrison, Hohfeld, Foerster, Shuman & Clark, Herbert W. Clark, Dunne & Dunne, Arthur B. Dunne, Webb, Webb & Olds, U. S. Webb, Walter K. Olds, Brobeck, Phleger & Harrison, and Maurice E. Harrison, all of San Francisco, Cal., Willis I. Morrison, of Los Angeles, Cal., Lee M. Olds, of San Francisco, Cal., Joseph A. Murphy, of Oakland, Cal., Nat Brown, of Stockton, Cal., J. Wesley Cupp, of Los Angeles, Cal., E. R. Hoerchner, of San Francisco, Cal., W. E. Foley and James W. Foley, both of San Jose, Cal., and Patrick A. Geraghty, of Seattle, Wash., for petitioners.

Tom C. Clark and Wallace Howland, Sp. Assts. to Atty. Gen., and Fred S. Gilbert, Jr., Sp. Atty., of San Francisco, Cal., for respondents.

Before WILBUR, GARRECHT, and HEALY, Circuit Judges.

PER CURIAM.

Upon consideration of the petition for a writ of mandamus or other appropriate writ in this matter, and of the briefs and affidavits in support thereof, and of respondents' return to order to show cause heretofore issued on said petition, and briefs in opposition to said petition, and good cause therefor appearing, it is ordered that Honorable Michael J. Roche, Judge of the District Court of the United States for the Northern District of California, and the District Court of the United States for the Northern District...

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2 practice notes
  • Roche v. Evaporated Milk Ass, No. 584
    • United States
    • United States Supreme Court
    • 3 Mayo 1943
    ...for jury trial. On the petition for the writ and the Government's return, the court of appeals ordered the writ to issue. 9 Cir., 126 F.2d 467. Upon rehearing before the full court sitting en banc the court held that it had jurisdiction to issue the writ; that the district court had erred i......
  • Western Pac. R. Corp. v. Western Pac. R. Co., No. 12506.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 20 Agosto 1953
    ...9 Cir., 142 F.2d 181; Southern Pacific Co. v. Guthrie, 9 Cir., 180 F.2d 295, Id., 186 F.2d 926. 4 Evaporated Milk Ass'n v. Roche, 9 Cir., 126 F.2d 467, Id., 130 F.2d 843; Pacific Gas & Electric Co. v. Securities & Exchange Commission, 9 Cir., 127 F.2d 378, Id. 139 F.2d 5 345 U.S. 24......
2 cases
  • Roche v. Evaporated Milk Ass, No. 584
    • United States
    • United States Supreme Court
    • 3 Mayo 1943
    ...for jury trial. On the petition for the writ and the Government's return, the court of appeals ordered the writ to issue. 9 Cir., 126 F.2d 467. Upon rehearing before the full court sitting en banc the court held that it had jurisdiction to issue the writ; that the district court had erred i......
  • Western Pac. R. Corp. v. Western Pac. R. Co., No. 12506.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (9th Circuit)
    • 20 Agosto 1953
    ...9 Cir., 142 F.2d 181; Southern Pacific Co. v. Guthrie, 9 Cir., 180 F.2d 295, Id., 186 F.2d 926. 4 Evaporated Milk Ass'n v. Roche, 9 Cir., 126 F.2d 467, Id., 130 F.2d 843; Pacific Gas & Electric Co. v. Securities & Exchange Commission, 9 Cir., 127 F.2d 378, Id. 139 F.2d 5 345 U.S. 24......

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