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ALLEN v. SCHNUCKLE

No. 15542.

253 F.2d 195 (1958)

Joy ALLEN and Diana Allen, Steven Allen and Tracy Allen, Minors, by Their Guardian, ad Litem, Joy Allen, Appellants, v. Harold D. SCHNUCKLE, Appellee.

United States Court of Appeals Ninth Circuit.

February 7, 1958.

Attorney(s) appearing for the Case

Walter H. Anderson, Gus Carr Anderson, Pocatello, Idaho, Newel G. Daines, Logan, Utah, for appellants.

Wesley F. Merrill, A. L. Merrill, R. D. Merrill, Merrill & Merrill, Pocatello, Idaho, for appellee.

Before MATHEWS, HEALY and LEMMON, Circuit Judges.

MATHEWS, Circuit Judge.

On January 27, 1956, in the United States District Court for the District of Idaho, appellants, citizens of Utah, brought an action against appellee, a citizen of Idaho, for damages in the sum of $100,000. On August 3, 1956, appellants filed an amended complaint. On August 6, 1956, appellee filed a motion to dismiss the action on the ground that the amended complaint failed to state a claim upon which relief could be granted. The District Court...

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