v2364-998

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dence of good reputation is introduced. The court must

instruct upon the point anyhow.

However, the court gave an instruction, without re-

quest, to which the appellants excepted, and it goes

without saying that if he instructs at all he must do

so correctly.

We respectfully submit that the judgments should

be reversed as to both appellants and remanded with

instructions to dismiss the action, or, in the alterna-

tive, to grant a new trial.

Respectfully submitted,

Samuel B. Bassett,

Attorney for Appellant, Charles T. Takahashiy

811 Alaska Building, Seattle 4, Washington.

Tracy E. Griffin,

Attorney for Appellant, Edward Y, Osawa,

1107 American Bldg., Seattle 4, Washington.

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archive.org Volume Name: govuscourtsca9briefs2364

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