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DE WITT v. WILCOX

No. 11424.

161 F.2d 785 (1947)

DE WITT v. WILCOX.

Circuit Court of Appeals, Ninth Circuit.

March 28, 1947.

Attorney(s) appearing for the Case

James M. Carter, U. S. Atty., and Ernest A. Tolin and Ronald Walker, Asst. U. S. Attys., all of Los Angeles, Cal. (Herbert E. Wenig, Major, J.A.G.D. U. S. Army, of San Francisco, Cal., of counsel), for appellant.

A. L. Wirin, of Los Angeles, Cal., Arthur Garfield Hays and Osmond K. Fraenkel, both of New York City, Nannette Dembitz, of Washington, D. C., Marion P. Ames and Walter Gellhorn, both of New York City, and A. L. Wirin and Fred Okrand, both of Los Angeles, Cal., for appellee.

Before GARRECHT, DENMAN, MATHEWS, STEPHENS, HEALY, BONE, and ORR, Circuit Judges.

DENMAN, Circuit Judge.

General DeWitt appeals from a summary judgment of the district court awarding damages against him to appellee Wilcox in the stipulated sum of $100 for the removal of Wilcox on September 6, 1943, to Las Vegas, Nevada, from the latter's residence in San Diego, California, in the area of General DeWitt's Western Defense Command. The removal, by a captain and detail of soldiers under General DeWitt's orders, was pursuant to a prior order of General...

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