Bruno Agostino, Appellant, v. Homer Coal Corporation, a Corporation, and John T. Howell, Appellees, 220 F.2d 438 (9th Cir. 1955)

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US Court of Appeals for the Ninth Circuit - 220 F.2d 438 (9th Cir. 1955) April 1, 1955

Appeal from the District Court for the Territory of Alaska, Third Division; George W. Folta, Judge.

Bell & Sanders, Anchorage, Alaska, for appellant.

Juliana D. Wilson, Anchorage, Alaska, for appellee.

Before HEALY and BONE, Circuit Judges, and CLARK, District Judge.


This was a suit by appellant to recover damages from appellees for allegedly wrongful interference with his attempt to obtain from the Department of the Interior a coal prospecting permit. The suit was dismissed by the District Court for failure to state a claim entitling the complainant to relief.

The dismissal is affirmed for the reason given in the trial court's opinion, 114 F. Supp. 861.