WALLACE v. EMPLOYERS CASUALTY COMPANY

No. 22591.

418 F.2d 1323 (1969)

Thomas Fred WALLACE and Norma May Wallace, husband and wife, Appellants, v. EMPLOYERS CASUALTY COMPANY, Appellee.

United States Court of Appeals Ninth Circuit.

November 18, 1969.


Attorney(s) appearing for the Case

Harold Goldman (argued), Phoenix, Ariz., for appellants.

Ralph E. Hunsaker (argued), of O'Connor, Cavanagh, Anderson, Westover, Killingsworth & Beshears, Phoenix, Ariz., for appellee.

Before DUNIWAY and HUFSTEDLER, Circuit Judges, and PENCE, District Judge.


PENCE, District Judge:

Thomas Wallace and Norma Wallace, plaintiffs below, appeal from a judgment granting the defendant's motion for summary judgment. The parties agree as to the facts of this case, so the propriety of proceeding by way of summary judgment is therefore not at issue.

The facts are as follows: Olson Motors, of Williams, Arizona, sold a new car to a Jack Dent, and took in trade a 1957 Chevrolet. No question arises as to the validity of this...

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