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CUMMING v. JOHNSON

No. 77-3871.

616 F.2d 1069 (1979)

Ian M. CUMMING, Plaintiff-Appellee, v. Glendon E. JOHNSON et al., Defendant-Appellants.

United States Court of Appeals, Ninth Circuit.

November 19, 1979.

Attorney(s) appearing for the Case

Kenneth C. Bornholdt, MacDonald, Halsted & Laybourne, Los Angeles, Cal., for plaintiff-appellee.

Edwin Paul, Gray, Gorham & Paul, Los Angeles, Cal., for defendant-appellants.

Before GOODWIN and SNEED, Circuit Judges, and JAMESON, District Judge.

GOODWIN, Circuit Judge.

Glendon Johnson appeals a judgment of specific performance of an oral stock transfer agreement between Johnson's brother Franklin, who was acting as Johnson's agent, and the plaintiff, Ian Cumming. Johnson asserts that the district court lacked subject matter jurisdiction,1 that enforcement of the oral agreement was barred by the statute of frauds, and that his wife's community property interest in the disputed...

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