REYNOLDS METALS COMPANY v. WAND

No. 17488.

308 F.2d 504 (1962)

REYNOLDS METALS COMPANY, a corporation, and Henry W. Shoemaker, Appellants, v. I. B. WAND and Alice R. Wand, Appellees.

United States Court of Appeals Ninth Circuit.

August 1, 1962.


Attorney(s) appearing for the Case

King, Miller, Anderson, Nash & Yerke, and Fredric A. Yerke, Jr., Portland, Or., Gustav B. Margraf, and W. Tobin Lennon, Richmond, Va., for appellant.

Koerner, Young, McColloch & Dezendorf, and Herbert H. Anderson, Portland, Or., for appellee.

Before POPE, KOELSCH and DUNIWAY, Circuit Judges.


POPE, Circuit Judge.

The appellees-plaintiffs filed a complaint against the appellants in the Circuit Court of the State of Oregon describing the complaint as one for "damages for trespass and nuisance". Thereafter the cause was removed on the petition of appellants-defendants to the above named District Court of the United States.

The complaint alleged that during the period beginning May 1, 1957, and continuing until the commencement of the action, which...

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