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MOYER v. POPE & TALBOT, INC.

No. 20663.

370 F.2d 832 (1967)

A. S. MOYER et ux., in Propria Persona, Appellants, v. POPE & TALBOT, INC., a corporation, Appellee.

United States Court of Appeals Ninth Circuit.

January 11, 1967.

Attorney(s) appearing for the Case

A. S. Moyer, in pro. per.

Mautz, Souther, Spaulding, Kinsey & Williamson, Portland, Or., for appellee.

Before MADDEN, Judge of the United States Court of Claims, and KOELSCH and DUNIWAY, Circuit Judges.

PER CURIAM.

This appeal involves conflicting claims of A. S. Moyer and his wife, and Pope & Talbot, Inc., to moneys paid into the district court pursuant to a judgment of condemnation. The district court ordered the entire award distributed to Pope & Talbot. This was error.

Pope & Talbot, asserting an assignment and mortgage from the Moyers, cross-complained claiming any award growing out of the condemnation action. But the issue was never tried...

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