HAMMAN v. UNITED STATES

Nos. 21986, 21986-A, 21986-B.

399 F.2d 673 (1968)

Elsie HAMMAN, Appellant, v. UNITED STATES of America and Washington Iron Works, et al., Appellees. Arlene Hartung REED, etc., Appellant, v. UNITED STATES of America and Washington Iron Works, et al., Appellees. Anna LOYNING, etc., Appellant, v. UNITED STATES of America and Washington Iron Works, et al., Appellees.

United States Court of Appeals Ninth Circuit.

August 22, 1968.


Attorney(s) appearing for the Case

Harry M. Philo (argued), Muskegon, Mich., Lee Overfelt, Billings, Mont., J. H. McAlear, Red Lodge, Mont., Philo, Maki, Moore, Pitts, Ravitz, Glotta, Cockrell & Robb, Detroit, Mich., for appellants.

Robert E. Burns (argued), of Crimmins, Kent, Bradley & Burns, San Francisco, Cal., Weymouth D. Symmes of Anderson, Symmes, Forbes, Peete & Brown; Cooke, Moulton, Bellingham, Longo & Mather, Billings, Mont., Moody Brickett, U. S. Atty., Butte, Mont., for appellees.

Before BARNES and MERRILL, Circuit Judges, and BOWEN, District Judge.


BARNES, Circuit Judge:

Three cases are before this court, consolidated on appeal, from a summary judgment dismissing Count III of plaintiffs' respective Third Amended Complaints, for failure to state a cause of action under the Clayton Act. (15 U.S.C. § 15.)

The document dismissing the Third Cause of Action in the Third Amended Complaint was "with prejudice and on the merits," (C.T. 73). It was denominated "Partial Judgment." By its terms, both in its...

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