CUNNINGHAM v. UNITED STATES

No. 17049.

295 F.2d 535 (1961)

William Carl CUNNINGHAM et ux., and Glenn A. Price et ux., Appellants, v. UNITED STATES of America, Appellee.

United States Court of Appeals Ninth Circuit.

October 17, 1961.


Attorney(s) appearing for the Case

Greive & Law by R. R. Bob Greive and Roderick D. Dimoff, Seattle, Wash., for appellants.

C. A. Muecke, U. S. Atty. and Sheldon Green, Sp. Asst. to U. S. Atty., Phoenix, Ariz., for appellee.

Before CHAMBERS, HAMLIN and MERRILL, Circuit Judges.


PER CURIAM.

The order of dismissal and the order denying motion to vacate the dismissal are affirmed.

We have here a situation where the Court in its discretion might have granted the motion to vacate. But it did not. And, we cannot say it was an abuse of discretion not to do so. The trial court was entitled to regard the affidavits of the parties plaintiff as implausible, or as not actually reaching the crucial point of why the plaintiffs did not show up...

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