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PEARSON v. DENNISON

No. 19506.

353 F.2d 24 (1965)

A. M. PEARSON et al., Appellants, v. Denny DENNISON et al., Appellees.

United States Court of Appeals Ninth Circuit.

November 10, 1965.

Attorney(s) appearing for the Case

George Baltaxe, Willard & Baltaxe, and Burke Mathes, Los Angeles, Cal., for appellants.

Maurice C. Inman, Jr., Alexander, Inman & Fine, Los Angeles, Cal., for appellee Jack P. Marsh.

Jay Gralla, Gralla & Gralla, Los Angeles, Cal., for appellees John Bayer, Julia Bayer, Woodvale Sales Corp. and Timbay Constr. Co.

Wm. A. Dougherty, Santa Ana, Cal., for appellees Bruce C. and Irene Countryman.

Before CHAMBERS and DUNIWAY, Circuit Judges, and JAMESON, District Judge.

DUNIWAY, Circuit Judge:

This appeal is from a dismissal of the action under Rule 41(b) F.R.Civ.P. The action, in which seven individuals and three corporations are named as defendants, was filed on January 18, 1962. It was dismissed on May 21, 1964. The ground for dismissal was "failure to prosecute."

When the complaint was filed, summons was issued, but the Marshal received no instructions as to service and returned...

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