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ARNHOLD v. UNITED STATES

No. 14331.

225 F.2d 649 (1955)

Arthur A. ARNHOLD et al., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

September 1, 1955.

Attorney(s) appearing for the Case

Ferguson & Burdell, W. H. Ferguson, W. Wesselhoeft, Donald McL. Davidson, Seattle, Wash., for appellants.

Warren E. Burger, Asst. Atty. Gen., Alan S. Rosenthal, Paul A. Sweeney, Samuel D. Slade, Sondra K. Slade, Attorneys, Dept. of Justice, Washington, D. C., Charles P. Moriarty, U. S. Atty., Francis N. Cushman, Asst. U. S. Atty., Seattle, Wash., for appellee.

Before BONE, ORR and HASTIE, Circuit Judges.

PER CURIAM.

On March 1, 1954, the trial court entered a judgment on the pleadings dismissing the fourth amended complaint insofar as it pertained to the United States of America as a party on the ground that the said fourth amended complaint failed to state a claim against the United States of America upon which relief could be granted. Other defendants were joined in the action but the complaint was not dismissed as to them. The trial court did not at that time make...

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