RUBELT v. BYBEE

No. 14777.

229 F.2d 664 (1956)

Henry E. RUBELT, by Raymond Edward Ashby, his grandson and next friend, Appellant, v. D. O. BYBEE and W. A. Bybee, Appellees.

United States Court of Appeals Ninth Circuit.

January 25, 1956.


Attorney(s) appearing for the Case

Carver, McClenahan & Greenfield, Boise, Idaho, Smith & Ewing, Caldwell, Idaho, for appellants.

Anderson, Kaufman & Kiser, Boise, Idaho, for appellees.

Before HEALY and POPE, Circuit Judges, and MATHES, District Judge.


PER CURIAM.

The action below was brought by Rubelt as plaintiff through his next friend against the defendants-appellees seeking to cancel and annul on the ground of fraud a certain lease and option agreement between the parties. Jurisdiction was predicated upon an alleged diversity of citizenship between Rubelt, a citizen of Idaho, and the two defendants Bybee alleged to be citizens of Oregon.

The answer denied that the defendant D. O. Bybee was a citizen...

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