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PALOMO v. BABA

No. 73-2308.

497 F.2d 959 (1974)

Manuel A. PALOMO and Gavina A. Palomo, Plaintiffs-Appellees, v. Akira BABA and Eulogio Declarmen, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

May 28, 1974.

Attorney(s) appearing for the Case

Thomas J. Nolan (argued), W. Scott Barrett, Barrett, Ferenz, Bramhall, Paul & Klemm, Oakland, Cal., John C. Dierking, Agana, Guam, for defendants-appellants.

Howard G. Trapp (argued), Trapp & Gayle & Co., Agana, Guam, for plaintiffs-appellees.

Before DUNIWAY, CHOY and SNEED, Circuit Judges.

OPINION

PER CURIAM:

The district court entered judgment in favor of appellees, the Palomos, in their action to cancel a lease and to quiet title to a 37,000 square meter tract of land. The court found that "Inadequacy of rental consideration coupled with a consent and execution procured by misrepresentation of a material fact relied upon by persons [the Palomos] who are mentally deficient and unable to exercise rational care of their property are essential...

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