Marie Ballentine, as Guardian of the Estate of Stephen William Ballentine v. Marie De Sylva, Marie De Sylva v. Marie Ballentine, as Guardian of the Estate of Stephen William Ballentine

226 F.2d 623 106 U.S.P.Q. 347 Marie BALLENTINE, as Guardian of the Estate of Stephen William Ballentine, Appellant, v. Marie DE SYLVA, Appellee. Marie DE SYLVA, Appellant, v. Marie BALLENTINE, as Guardian of the Estate of Stephen William Ballentine, Appellee. No. 13880. United States Court of Appeals Ninth Circuit. Aug. 25, 1955. Fink, Levinthal & Kent, Max Fink, Cyrus Levinthal, Leon E. Kent, Los Angeles, Cal., for appellants. McCormick, Norris & Horgan, Pat A. McCormick, Patrick D. Horgan, Floyd H. Norris, Los Angeles, Cal., for appellees. Before STEPHENS, FEE and CHAMBERS, Circuit Judges. STEPHENS, Circuit Judge. 1 This litigation began with the filing in the United States District Court of a complaint by Marie Ballentine, as Guardian of the Estate of Stephen William Ballentine, a minor, as plaintiff, for declaratory relief against Marie DeSylva, as defendant. The defendant filed motions to dismiss the complaint, to strike therefrom, and for enlargement of time. The district court denied the motion to dismiss, and the other motions seem never to have been acted upon. The defendant answered the complaint, and in the answer herself prayed for a declaratory judgment. 2…