Florence O'CampO v. Edna Hardisty, Paul H. Wright, R. v. Rushford, N. P. Hughes and N. Drakulich

Good Law
262 F.2d 621·1 Fed. R. Serv. 2d 832·3 A.F.T.R.2d (RIA) 988·1958 U.S. App. LEXIS 5474
United States Court of Appeals for the Ninth CircuitDecember 31, 195815535California4,440 words

Opinion

Opinion

262 F.2d 621 59-1 USTC P 9372 Florence O'CAMPO, Appellant, v. Edna HARDISTY, Paul H. Wright, R. V. Rushford, N. P. Hughes and N. Drakulich, Appellees. No. 15535. United States Court of Appeals Ninth Circuit. Dec. 31, 1958. Reuben G. Lenske, Lenske, Spiegel, Spiegel, Martindale & Bloom, Portland, Or., for appellant. C. E. Luckey, U.S. Atty., Edward J. Georgeff, Asst. U.S. Atty., Portland, Or., for appellees. Before FEE and HAMLIN, Circuit Judges, and BOWEN, District Judge. HAMLIN, Circuit Judge. 1 Florence O'Campo, appellant herein, filed an action for damages in the Circuit Court of the State of Oregon for the County of Multnomah against five persons, one of whom was a former employee of appellant and the other four were employees of the Internal Revenue Service. She alleged that the five defendants conspired to ruin and destroy plaintiff's reputation as a nursing home operator and to breach the contracts which plaintiff had with various patients or persons who had contracted with plaintiff for the care of wards or relatives. The four government employees, served individually on June 20, 1956, joined in the removal of the case to the District Court of the United States for the…

lead Opinion

Hamlin, J.

Florence O’Campo, appellant herein, filed an action for damages in the Circuit Court of the State of Oregon for the County of Multnomah against five persons, one of whom was a former employee of appellant and the other four were employees of the Internal Revenue Service. She alleged that the five defendants conspired to ruin and destroy plaintiff’s reputation as a nursing home operator and to breach the contracts which plaintiff had with various patients or persons who had contracted with plaintiff for the care of wards or relafives. The four government employees, served individually on June 20, 1956, joined in the removal of the case to the District Court of the United States for the District of Oregon ( 28 U.S.C. § 1442 ) 1 On July 6, 1956, these defendants filed a motion to make more definite and certain, and also filed a request for admission of facts by the plaintiff in accordance with Rule 36, Federal Rules of Civil Procedure, 28 U.S.C.A. They also filed upon the same day a notice requiring the plaintiff to answer certain specified interrogatories within fifteen days from the date of service thereof in accordance with Rule 33, Federal Rules of Civil Procedure. Plaintiff did…

concurrence Opinion

Fee, J.

concurs in the result.

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