WALKER DISTRIBUTING CO. v. LUCKY LAGER BREWING CO.

No. 18222.

323 F.2d 1 (1963)

WALKER DISTRIBUTING COMPANY et al., Appellants, v. LUCKY LAGER BREWING COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

September 6, 1963.


Attorney(s) appearing for the Case

Kramer & Walker, and Lloyd J. Walker, Twin Falls, Idaho, for appellants.

McCutchen, Doyle, Brown & Enersen, and William W. Schwarzer, San Francisco, Cal., for appellee.

Before CHAMBERS, HAMLIN and DUNIWAY, Circuit Judges.


DUNIWAY, Circuit Judge.

This case presents the question of the sufficiency of counts two and three of a second amended counterclaim, i. e., does either of those counts state a claim upon which relief can be granted? (F.R.Civ. P. 12(b) (6)) The trial court ruled that they do not, having similarly ruled upon similar counts which appeared for the first time in an amended counterclaim. Thereafter, the counterclaimants, appellants...

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