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RUSSELL v. CUNNINGHAM

Nos. 15450, 15680.

279 F.2d 797 (1960)

William R. RUSSELL, Appellant, v. William CUNNINGHAM, Appellee. William R. RUSSELL and Anna L. Russell, Appellants, v. UNITED STATES of America et al., Appellees.

United States Court of Appeals Ninth Circuit.

June 6, 1960.

Attorney(s) appearing for the Case

Philip R. Lawrence, San Francisco, Cal., for appellant.

George Cochran Doub, Asst. Atty. Gen., Samuel D. Slade, Leavenworth Colby, Attys., Dept. of Justice, Washington, D. C., Keith Ferguson, Special Asst. to the Atty. Gen., Lynn J. Gillard, U. S. Atty., Graydon S. Staring, Asst. U. S. Atty., San Francisco, Cal., for appellee.

Before CHAMBERS, HEALY and HAMLIN, Circuit Judges.

HAMLIN, Circuit Judge.

William R. Russell is the sole appellant from an order of the District Court of Guam refusing to set aside a judgment of dismissal entered by that Court for lack of prosecution, and, with his wife, is an appellant from a judgment of the District Court for the Northern District of California dismissing a complaint filed in that Court. By order of this Court, both appeals were heard together. We shall...

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