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ROYAL INDUSTRIES, INC. v. DYE CARBONIC, INC.

No. 21269.

385 F.2d 779 (1967)

ROYAL INDUSTRIES, INC., et al., Appellants, v. DYE CARBONIC, INC., et al., Appellees.

United States Court of Appeals Ninth Circuit.

November 17, 1967.

Attorney(s) appearing for the Case

Long & Levit, Irving L. Halpern (argued), Los Angeles, Cal., Allen & Fels, Phoenix, Ariz., for appellants.

Moore, Romley, Kaplan, Robbins & Green, Phillip A. Robbins, (argued), Snell & Wilmer, Gordon G. Aldrich (argued), Minne & Sorenson, Phoenix, Ariz., for appellees.

Before BROWNING and DUNIWAY, Circuit Judges, and BYRNE, District Judge.

PER CURIAM.

This is a suit to recover damages for injury to the property of Royal Industries, Inc., caused by a fire which allegedly originated on the adjacent property of Dye Carbonic, Inc., as a result of the latter's negligence. The case was tried to the court. At the conclusion of plaintiffs' case the court dismissed the action with prejudice under Rule 41 (b).

Appellants point to certain remarks of the trial judge which they say show that he mistakenly...

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