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DIAPULSE MANUFACTURING CORP. OF AMERICA v. BIRTCHER CORP.

No. 17907.

315 F.2d 148 (1963)

DIAPULSE MANUFACTURING CORP. OF AMERICA, a corporation, Abraham J. Ginsberg and Jesse Ross, Appellants, v. The BIRTCHER CORPORATION, a corporation, and Cecil J. Birtcher, Appellees.

United States Court of Appeals Ninth Circuit.

March 14, 1963.

Attorney(s) appearing for the Case

Lawrence Harris, Los Angeles, Cal., for appellant.

Monta W. Shirley, Los Angeles, Cal., for appellee.

Before HAMLEY and BROWNING, Circuit Judges, and FOLEY, District Judge.

HAMLEY, Circuit Judge.

This damage action for libel was dismissed by the district court because similar actions between the same parties were already pending in a district court in another state. In both states the jurisdiction of the district court was based on diversity of citizenship.

Plaintiffs appeal, contending that the court was without power to dismiss the action on this ground and that, if such power existed, it was an abuse of discretion to exercise...

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