Bessie Roth v. Sammy Davis, Jr.

Good Law
231 F.2d 681·1956 U.S. App. LEXIS 3456
United States Court of Appeals for the Ninth CircuitJanuary 5, 195614713_1California746 words

Opinion

Opinion

Fee, J.

The title to this action for personal injuries originally read as follows:

“Bessie Roth,

Plaintiff,

vs.

“Will Mastín Trio, Sammy Davis, Jr., Sammy Davis, Will Mastín, Doe I-X,

Defendants.”

The allegations relating to defendants read:

“I. Defendants are citizens and residents of the State of California; plaintiff is a citizen and resident of the State of Ohio.

“II. This is an action and controversy between citizens of different states involving an amount in excess of $3,000.00, exclusive of interest and costs.

“HI. The true names or capacities, whether individual, corporate associate or otherwise, of defendants Doe I-X are unknown to plaintiff, who therefore sues said defendants by such fictitious names. When the true names, identities or capacities of such fictitiously designated defendants are ascertained, plaintiff will ask leave of court to amend this complaint to insert said true names, identities or capacities, together with the proper charging allegations. Plaintiff is informed and believes and thereon alleges that •each' of the defendants sued herein ns a Doe is responsible in some manner for the events and happenings herein referred to, and caused injury and…

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