KIRSCH v. HUBER

No. 15345.

264 F.2d 387 (1959)

Bernard KIRSCH, Appellant, v. Milton L. HUBER and G. Edward Goodwin, individually and as co-partners doing business as Huber & Goodwin, George Barnes and S. R. Crawford, Appellees. S. R. CRAWFORD, Appellant, v. Bernard KIRSCH, Appellee.

United States Court of Appeals Ninth Circuit.

Rehearing Denied February 17, 1959.


Attorney(s) appearing for the Case

David Livingston, Harold Farrow, James R. Mansfield, San Francisco, Cal., for Bernard Kirsch.

Lange & Rockwell, C. Dan Lange, San Francisco, Cal., for S. R. Crawford.

Philip C. Wilkins, Sacramento, Cal., for Milton R. Huber and G. Edward Goodwin, Hill & Hill, Clayton Janssen, Jr., Eureka, Cal., for George Barnes.

Before HEALY, POPE and HAMLEY, Circuit Judges.


POPE, Circuit Judge.

Appellant Kirsch, who was plaintiff below, and a citizen of the State of New York, owned a large quantity of standing timber located in Humboldt County, California. He entered into a contract in writing with the appellees other than Crawford, all of them citizens of California, which provided for the logging and sale of the timber. The general arrangement was that Kirsch should be paid a stated stumpage price on all logs sold; appellee Barnes...

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