PICKNEY v. ORO DAM CONSTRUCTORS

No. 24467.

441 F.2d 806 (1971)

Mildred A. PICKNEY, Personal Representative of Joe Pickney, Deceased, Plaintiff-Appellant, v. ORO DAM CONSTRUCTORS, etc., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Rehearing Denied June 4, 1971.


Attorney(s) appearing for the Case

Dee B. Tanner, Los Angeles, Cal., for plaintiff-appellant.

Johnson, Davies & Greve, Sacramento, Cal., for defendants-appellees.

Before CHAMBERS and TRASK, Circuit Judges, and FREY, District Judge.


FREY, District Judge:

Appellants are here complaining of the judgment of the trial court dismissing the complaint following a preliminary hearing pursuant to Rule 12(d), Rules of Civil Procedure. The trial court dismissed on finding lack of jurisdiction of the Federal District Court.

Appellants, plaintiffs below, filed an action invoking federal jurisdiction by alleging a claim for wrongful death under Federal Employer's Liability Act, 45 U.S.C.A. § 51...

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