JOHNSTON v. EARLE

No. 17715.

313 F.2d 686 (1962)

Art JOHNSTON, Appellant, v. Hugh E. EARLE, Walter B. Shanks, Irwin Borthick and Irving H. Curran, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 29, 1963.


Attorney(s) appearing for the Case

Warde H. Erwin, Portland, Or., for appellant.

Louis F. Oberdorfer, Asst. Atty. Gen., Lee A. Jackson, Joseph Kovner, David I. Granger and Meyer Rothwacks, Attys., Dept. of Justice, Washington, D. C., Sidney I. Lezak, U. S. Atty., Donal D. Sullivan and Edward J. Georgeff, Asst. U. S. Attys., Portland, Or., for appellees.

Before MAGRUDER, MERRILL and BROWNING, Circuit Judges.


PER CURIAM.

This is a civil action for conversion of a tractor. The action was filed in the Circuit Court of the State of Oregon for the County of Multnomah, but was removed to the United States District Court since at the time of the alleged tort the appellees (defendants below) were employees of the Internal Revenue Service. See 28 U.S.C.A. § 1442(a) (1).

The case was tried to the court sitting without a jury. Appellees contended that the action was...

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