Des Marais et al. v. Beckman, 198 F.2d 550 (9th Cir. 1952)

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U.S. Court of Appeals for the Ninth Circuit - 198 F.2d 550 (9th Cir. 1952) August 14, 1952
Rehearing Denied September 24, 1952

Davis & Renfrew, Anchorage, Alaska, Theodore R. Coomber, Los Angeles, Cal., for appellants.

John S. Hellenthal, Ralph H. Cottis, Hellenthal, Hellenthal & Cottis, Anchorage, Alaska, for appellee.

Before MATHEWS and STEPHENS, Circuit Judges, and DRIVER, District Judge.


Appellee brought an action against appellants to recover of appellants sums aggregating $18,000 and costs. Appellants moved to dismiss the action. The parties stipulated that, if the motion was denied, judgment might be entered as prayed in the complaint, but that the stipulation should not affect appellants' right to prosecute an appeal from such judgment. The District Court, after a hearing, filed an opinion, D.C.Alaska, 100 F. Supp. 1, denied the motion and entered judgment as prayed in the complaint. Appellants have appealed. On the grounds and for the reasons stated in the District Court's opinion, the judgment is affirmed.