VARNELL v. SWIRES

No. 15764.

261 F.2d 891 (1958)

Ivy L. VARNELL, Appellant, v. Homer W. SWIRES, d.b.a. H. W. Swires Construction, and Employers' Mutual Casualty Company, a corporation, Appellees.

United States Court of Appeals Ninth Circuit.

December 4, 1958.


Attorney(s) appearing for the Case

Edgar Paul Boyko, San Francisco, Cal., for appellant.

Davis, Hughes & Thorsness, Anchorage, Alaska, Meindl, Mize & Kriesien, Portland, Or., for appellees.

Before HEALY, FEE and HAMLIN, Circuit Judges.


HAMLIN, Circuit Judge.

Appellant (plaintiff below) appeals from a judgment of the District Court of the Territory of Alaska, Third Judicial Division, dismissing, with prejudice, his amended complaint. The complaint prayed for a writ of attachment as security for the payment of compensation alleged to be due, and for judgment against the defendants in the sum of $4,000.00. The allegations of the complaint may be summarized as follows.

It is alleged that while...

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