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KIRSCH v. BARNES

No. 15891.

263 F.2d 692 (1959)

Bernard KIRSCH, Appellant, v. George BARNES, Milton L. Huber, G. Edward Goodwin, Milton L. Huber & G. Edward Goodwin, A Copartnership Doing Business as Huber & Goodwin, Appellees.

United States Court of Appeals Ninth Circuit.

February 3, 1959.

Attorney(s) appearing for the Case

David Livingston, Harold R. Farrow, James R. Mansfield, Robert R. Barton, San Francisco, Cal., for appellant.

Hill & Hill, Clayton R. Janssen, Jr., Eureka, Cal., Philip C. Wilkins, Esther Mix, Sacramento, Cal., for appellees.

Before POPE, ORR and HAMLEY, Circuit Judges.

ORR, Circuit Judge.

An original complaint filed in the district court was held not to state a cause of action. An amended complaint was also held defective in that respect.

In this opinion we do not reach a consideration of the trial court's ruling as to the failure to plead a cause of action for the reason that we find that the action was not seasonably filed.

It is alleged in the amended complaint that prior to October 16, 1952, appellee Barnes acted...

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