De Angelis Coal Company v. The Sharpies Corporation

231 F.2d 1 DE ANGELIS COAL COMPANY, a Co-Partnership; American Lignite Products Co., a Co-Partnership; Nazzareno DeAngelis, Vincenzo DeAngelis, Mary DeAngelis, Joseph DeAngelis, Frank DeAngelis, Individually and as Co-Partners, Doing Business Under the Name of American Lignite Products Co., Appellants, v. The SHARPLES CORPORATION, Appellee. No. 14324. United States Court of Appeals Ninth Circuit. March 12, 1956. Concurring Opinion Filed March 14, 1956. Rehearing Denied April 26, 1956. Pierce Deasy, Deasy & Deasy, Jackson, Cal., for appellants. Walter K. Olds, San Francisco, Cal., for appellee. Before STEPHENS, POPE, and FEE, Circuit Judges. STEPHENS, Circuit Judge. 1 We are here considering an appeal from the United States District Court for the Northern District of California wherein jurisdiction is based upon diverse citizenship. The plaintiff, The Sharples Corporation, a Delaware corporation, doing business in Pennsylvania, is hereinafter referred to as 'Sharples' or as 'appellee'. The defendant, DeAngelis Coal Company, is a co-partnership consisting of several individuals, all but one of whom are citizens of California. The partnership does business in California under the…