David L. Clark and Lela M. Clark, Husband and Wife, and Joe F. Clark and Gladys F. Clark, Husband and Wife, Plaintiffs-appellees, v. Fred Hilton Davis and Lorraine Davis, Husband and Wife, Defendants-appellants, 439 F.2d 153 (9th Cir. 1971)

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U.S. Court of Appeals for the Ninth Circuit - 439 F.2d 153 (9th Cir. 1971) April 9, 1971

Appeal from the United States District Court for the District of Oregon; Robert C. Belloni, Judge.

Arden E. Shenker (argued), Lamar Tooze, Jr., Rees C. Johnson, of Tooze, Powers, Kerr, Tooze & Peterson, Portland, Or., for appellants.

Jack L. Kennedy (argued), Portland, Or., John H. Kottkamp, of Kottkamp & O'Rourke, Pendleton, Or., for appellees.

Before KOELSCH, CARTER and WRIGHT, Circuit Judges.


This appeal is taken from a diversity action for malicious institution of a civil proceeding and for slander of title to a cattle ranch. Appellees prevailed and were awarded damages.

On appeal Davis questions the sufficiency of the evidence and alleges that appellees improperly impeached their own witness.

We have carefully examined the several assignments of error in the light of the record and, finding no reversible error, affirm.

It is so ordered.