CAPLAN v. ROBERTS

No. 73-2040.

506 F.2d 1039 (1974)

Herbert P. CAPLAN et al., Appellants, v. John H. ROBERTS et al., Appellees.

United States Court of Appeals, Ninth Circuit.

November 6, 1974.


Attorney(s) appearing for the Case

Raymond E. Ball, of Friedman, Collard & Kauffman, Sacramento, Cal., for appellants.

Glen H. Ehlers, of Bullen, McKone & McKinley, Sacramento, Cal., for appellees.

Before CHAMBERS and GOODWIN, Circuit Judges, and KELLEHER,] District Judge.


OPINION

PER CURIAM:

This appeal is from an order granting to appellee summary judgment in a diversity case. The central issue is whether the appellee is estopped from raising the defense of the statute of frauds in an action for damages based on his alleged breach of an oral contract.

In granting appellee's motion for summary judgment, the District Court, applying California law, ruled that no estoppel applied. We affirm.

The uncontroverted...

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