ROBERTS v. HOLLANDSWORTH

No. 76-2840.

582 F.2d 496 (1978)

Dolores V. ROBERTS, Appellant, v. Oren W. HOLLANDSWORTH, Grace Hollandsworth, and Idapine Mills, Inc., an Oregon Corporation, Appellees.

United States Court of Appeals, Ninth Circuit.

September 21, 1978.


Attorney(s) appearing for the Case

Ben Peterson (argued), Pocatello, Idaho, for appellant.

Phillip M. Barber (argued), of Elam, Burke, Jeppersen & Evans, Boise, Idaho, David W. Cantrill (argued), of Green & Cantrill, Boise, Idaho, for appellees.

Before KILKENNY, GOODWIN and KENNEDY, Circuit Judges.


KILKENNY, Circuit Judge:

Roberts appeals from a summary judgment granted against her on the motions of the appellees. The summary judgment was grounded on the district court's belief that appellant's amended complaint did not state a claim on which relief could be granted and that the record disclosed no genuine issue of material fact.

The district court and counsel proceeded on the theory that the amended complaint alleged three claims only: (1) that appellees...

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