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WRIGHT v. GIBSON

No. 10016.

128 F.2d 865 (1942)

WRIGHT v. GIBSON et al.

Circuit Court of Appeals, Ninth Circuit.

June 15, 1942.

Attorney(s) appearing for the Case

Herbert T. Silverberg, of Los Angeles, Cal., for appellant.

Musick & Burrell and Harold H. Streight, all of Los Angeles, Cal., for appellee Homer L. Gibson.

Mosher & Shafer, of Los Angeles, Cal., for appellee Frank W. Royer.

Before WILBUR, DENMAN, and MATHEWS, Circuit Judges.

MATHEWS, Circuit Judge.

In an action by appellant against appellees, appellant filed a fourth amended complaint (hereafter called the complaint) which contained two counts. Appellees moved to dismiss the second count. The court heard the motions and, on July 12, 1941, filed a written opinion concluding with the statement that "The motion1 * * * is granted." Thereupon, on July 12, 1941, the clerk of the court made a minute entry stating...

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