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ROBERTO v. AGUON

No. 74-2039.

519 F.2d 754 (1975)

Josefina A. ROBERTO, an incompetent person, by Concepcion R. Padula, her next friend, Plaintiff-Appellant. v. Francisco B. AGUON, Administrator of the Estate of Vicente L. Aguon, Deceased, et al., Defendants-Appellees, Turtle Cove, Inc., Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

July 8, 1975.

Attorney(s) appearing for the Case

Robert A. Seligson (argued), San Francisco, Cal., for plaintiff-appellant.

Fred E. Bordallo (argued), Agana, Guam, Eugene H. Bramhall (argued), Oakland, Cal., for defendants-appellees.

Before BARNES, KILKENNY and GOODWIN, Circuit Judges.

OPINION

BARNES, Senior Circuit Judge:

This is an appeal from an adverse decision in an action filed September 10, 1972 by the "next friend" of an alleged incompetent, Josefina A. Roberto, to set aside a deed made and delivered by said Josefina on June 10, 1963. The order of the trial court dismissing the action was entered at the close of plaintiff's testimony. (Fed.R.Civ.Proc. 41(b)).

The trial judge filed...

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