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YUBA CONSOLIDATED GOLD FIELDS v. KILKEARY

No. 13370.

206 F.2d 884 (1953)

YUBA CONSOLIDATED GOLD FIELDS v. KILKEARY et al.

United States Court of Appeals Ninth Circuit.

August 7, 1953.

Attorney(s) appearing for the Case

Eugene M. Prince, Robert M. Searls, Allan R. Moltzen, Pillsbury, Madison & Sutro, San Francisco, Cal., Harry B. Seymour, Downey, Brand, Seymour & Rohwer, Sacramento, Cal., Southall R. Pfund, San Francisco, Cal., for appellants.

Edward F. Treadwell, Reginald S. Laughlin, San Francisco, Cal., Charles A. Wetmore, Jr., Marysville, Cal., Colin C. Kelley, Burton J. Goldstein, Goldstein, Barcelous & Goldstein, San Francisco, Cal., Hugh W. Ferrier, San Mateo, Cal., E. L. Gray, Arthur E. Hewitt, Marysville, Cal., L. Rodney Hollingshead, Sacramento, Cal., for appellees.

Before STEPHENS and ORR, Circuit Judges, and BYRNE, District Judge.

BYRNE, District Judge.

The appellant, as plaintiff below, filed a complaint in the nature of a "bill of peace" seeking to avoid a multiplicity of legal actions by determining in one equity suit the liability asserted in hundreds of claims for damages resulting from floods of the Yuba River in the winter of 1950. The complaint was dismissed for failure to state a claim upon which relief can be granted and this appeal followed...

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