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BOYS TOWN, U.S.A., INC. v. WORLD CHURCH

No. 19556.

349 F.2d 576 (1965)

BOYS TOWN, U.S.A., INC., a Nevada corporation, Appellant, v. The WORLD CHURCH, a California corporation, Jackson Appliance, Inc., a California corporation, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 28, 1965.

Attorney(s) appearing for the Case

Paul K. Duffy, Morris Lavine, Los Angeles, Cal., for appellant.

Philip F. Belleville, Latham & Watkins, Los Angeles, Cal., for appellee.

Before BARNES and ELY, Circuit Judges, and POWELL, District Judge.

POWELL, District Judge:

This appeal is from a judgment of dismissal on the merits on a motion for summary judgment in an action for specific performance of a contract and damages for its breach. It is a diversity case. This Court has jurisdiction under 28 U.S.C. § 1291.

On April 13, 1959, the World Church (Church) as seller, entered into a contract of sale of California real estate to the appellant and Sunset Development Company.1

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