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HOFFMAN v. BABBITT BROS. TRADING CO.

No. 12963.

203 F.2d 636 (1953)

HOFFMAN et al. v. BABBITT BROS. TRADING CO.

United States Court of Appeals, Ninth Circuit.

As Amended April 29, 1953.

Attorney(s) appearing for the Case

Marks & Marks, Phoenix, Ariz., for appellants.

Francis J. Ryley, George Read Carlock and Joseph P. Ralston, Phoenix, Ariz., for appellee.

Before STEPHENS, ORR and POPE, Circuit Judges.

STEPHENS, Circuit Judge.

The Hoffmans, husband and wife, filed a complaint for damages against Babbitt Brothers Trading Company, a corporation. Babbitt filed a motion to dismiss the complaint, claiming the complaint "fails to state a claim for relief against the defendant", which motion the court denied, and Babbitt's answer followed, putting the basis for the action in issue. Thereafter Babbitt filed a motion for summary judgment under Rule 56, Federal Rules of Civil...

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