GARDNER v. NEWBERRY CO.

No. 15071.

239 F.2d 178 (1956)

Maureen GARDNER, Appellant, v. J. J. NEWBERRY CO., Inc., Appellee.

United States Court of Appeals Ninth Circuit.

December 7, 1956.


Attorney(s) appearing for the Case

Walter M. Oros, Boise, Idaho, for appellant.

J. L. Eberle, Dale O. Morgan, T. H. Eberle, W. D. Eberle, Boise, Idaho, for appellee.

Before STEPHENS and BONE, Circuit Judges, and HALBERT, District Judge.


BONE, Circuit Judge.

Defendant-appellee moved in the lower court "* * * to dismiss the amended complaint of the Plaintiff herein upon the ground and for the reason that the same does not state a claim against Defendant upon which relief can be granted." In an order the lower court provided that "the motion of defendant corporation to dismiss be, and the same is hereby, granted." Appellant's appeal is "* * * from that certain Order of Dismissal rendered in favor of...

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