Power Brake Equipment Company v. United States

Full title: POWER BRAKE EQUIPMENT COMPANY, an Oregon corporation, Plaintiff-Appellee…

Court: United States Court of Appeals, Ninth Circuit

Date published: May 8, 1970

427 F.2d 163 (9th Cir. 1970)

Opinion

No. 23365.

May 8, 1970.

Robert I. Waxman (argued), Atty., Dept. of Justice, Johnnie W. Walters, Asst. Atty. Gen., Lee A. Jackson, Washington, D.C., Sidney I. Lezak, U.S. Atty., Jack C. Wong, Asst. U.S. Attorney, Portland, Or., for appellant.

William H. Kinsey (argued), of Mautz, Souther, Spaulding, Kinsey Williamson, Warde H. Erwin, Portland, Or., for appellee.

Before WRIGHT and KILKENNY, Circuit Judges, and BOLDT, District Judge.^_

_ The Honorable George H. Boldt, United States District Judge for the Western District of Washington, sitting by designation.

PER CURIAM:

Appellant, in the exercise of its expertise, followed the over-all judicial philosophy expressed in Campana Corporation v. Harrison, 114 F.2d 400 (7th Cir. 1940) and E. Albrecht Son, Inc. v. Landy, 114 F.2d 202 (8th Cir. 1940), for a great many years. On the record before us, we decline to distinguish those cases and thus permit appellant to abandon its own interpretation of the statute as applied to the appellee.

Affirmed.