CENTURY INVESTMENT CORPORATION v. UNITED STATES

No. 15219.

250 F.2d 139 (1957)

CENTURY INVESTMENT CORPORATION and Virgil J. Pague, Appellants, v. UNITED STATES of America, Appellee. Arthur G. BARNETT and Virginia N. Barnett, his wife; Donald F. Owens and Jean Owens, his wife; Edward R. Ester and Lorraine M. Ester, his wife, Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

As Amended on Denial of Rehearing December 23, 1957.


Attorney(s) appearing for the Case

Lycette, Diamond & Sylvester, Lyle L. Iversen, Seattle, Wash., for Century Investment Corp., and Virgil J. Pague.

Vernon W. Towne, Arthur G. Barnett, Alec Duff, Seattle, Wash., for Barnett, Owens & Ester.

Malcolm S. McLeod, Seattle, Wash., for Hartford Accident & Indemnity Co.

Gerald Shucklin, Seattle, Wash., for Virgil J. Pague.

Perry W. Morton, Asst. Atty. Gen., Roger P. Marquis, Harold S. Harrison, Attys., Dept. of Justice, Washington, D. C., Charles P. Moriarty, U. S. Atty., John A. Roberts, Jr., Asst. U. S. Atty., Seattle, Wash., for U. S. A.

Before HEALY, FEE, and HAMLEY, Circuit Judges.


HAMLEY, Circuit Judge.

This action involves the asserted breach of a contract to remove buildings from four tracts of land in Seattle, Washington. The suit was brought by the United States to obtain specific performance of the contract and damages for the delay in removing the buildings. Two corporations and twelve individuals were named defendants.

After a trial to the court without a jury, a judgment for damages in varying amounts was entered against the...

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