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BLAKE v. ARNETT

Nos. 79-4484, 80-4276.

663 F.2d 906 (1981)

Harold BLAKE and Margaret Carlson, Plaintiffs-Appellants and Cross-Defendants, v. G. Ray ARNETT, et al., Simpson Timber Company, a corporation, Defendant, Cross-Plaintiff and Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 14, 1981.

Attorney(s) appearing for the Case

Michael Pfeffe, Eureka, Cal., Lester Marston, Escondido, Cal., argued, for Blake; Pauline C. Girvin, Michael Pfeffe, Eureka, Cal., on brief.

Noble K. Gregory, San Francisco, Cal., argued, for Simpson Timber; James N. Roethe, Stephen Stublarec, Peter Townsend, Pillsbury, Madison & Sutro, San Francisco, Cal., on brief.

Before TUTTLE, DUNIWAY, and ANDERSON, Circuit Judges.

DUNIWAY, Circuit Judge:

Before us are two appeals. No. 79-4484 is from an order of Judge Burke certifying a class of cross-defendants, appealable under 28 U.S.C. § 1292(b). No. 80-4276 is from a summary judgment of Judge Schnacke in favor of Simpson Timber Company and against plaintiffs Blake and Carlson, made appealable under Rule 54(b), F.R.Civ.P.

I.

We first consider appeal No. 80-4276. We affirm.

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