No. 10016.

128 F.2d 865 (1942)


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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