S. Birch & Sons, a Corporation, C. F. Lytle, a Corporation, and Green Construction Company, a Corporation Partners Doing Business as Birch Lytle & Green v. Robert L. Martin, S. Birch & Sons, a Corporation, C. F. Lytle, a Corporation, and Green Construction Company, a Corporation, Partners Doing Business as Birch Lytle & Green v. L. A. Martin, L. A. Martin v. S. Birch & Sons, a Corporation, C. F. Lytle, a Corporation, and Green Construction Company, a Corporation, Partners Doing Business as Birch Lytle & Green

244 F.2d 556 17 Alaska 230 S. BIRCH & SONS, a corporation, C. F. Lytle, a corporation, and Green Construction Company, a corporation partners doing business as Birch Lytle & Green, Appellants, v. Robert L. MARTIN, Appellee. S. BIRCH & SONS, a corporation, C. F. Lytle, a corporation, and Green Construction Company, a corporation, partners doing business as Birch Lytle & Green, Appellants, v. L. A. MARTIN, Appellee. L. A. MARTIN, Appellant, v. S. BIRCH & SONS, a corporation, C. F. Lytle, a corporation, and Green Construction Company, a corporation, partners doing business as Birch Lytle & Green, Appellees. Nos. 15107, 15108. United States Court of Appeals Ninth Circuit. May 15, 1957. Rehearing Denied June 17, 1957. Davis, Renfrew & Hughes, Anchorage, Alaska, for appellants. Bell, Sanders & Tallman, Anchorage, Alaska, for appellee. Before BONE, FEE and BARNES, Circuit Judges . BARNES, Circuit Judge. 1 On August 14, 1952, along a narrow strip of highway approximately six miles south of Anchorage, Alaska, L. A. Martin (hereinafter, Martin Sr.) and his son, Robert Martin Jr., were beaten and bloodied by a group of road construction workers, buoyed by…