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Summary of this case from Berning v. GoodingOpinion
No. 75-3046.
March 20, 1978.
Reginald Steer, of Pillsbury, Madison Sutro, San Francisco, Cal., Bruce I. Cornblum (argued), San Diego, Cal., for plaintiffs-appellants.
Alexis Panagakos (argued), of Dept. of Justice, Washington, D. C., for defendants-appellees.
Appeal from the United States District Court for the Northern District of California; William H. Orrick, Jr., Judge.
Before DUNIWAY, WRIGHT and SNEED, Circuit Judges.
The judgment appealed from is affirmed for the reasons stated by Judge Orrick in his Memorandum Opinion, Prune Bargaining Association v. Butz, N.D.Cal., 1975, 444 F. Supp. 785. We add only that the judge did, on motion for new trial, consider appellants' "Corrected Exhibit C." As to that exhibit, he said:
[S]o far as the newly discovered evidence goes, I think it's inconsequential, at best, the changes in the figures — and irrelevant at the least.
(R.T. 198.)
He was right.
Affirmed.