Rodriguez v. Rodriguez

310 F.2d 62 John RODRIGUEZ, Jr., for Himself and as Next Friend of Frances Rodriguez, an Incompetent, and Anita Perez, Appellants, v. John RODRIGUEZ, Jr.; Byrne, Green, Benton & Case, a Partnership; and Peter C. Byrne, Joe L. Green, F. Keith Benton, and Williby E. Case, Partners, Appellees. No. 17589. United States Court of Appeals Ninth Circuit. Nov. 20, 1962. 1 Di Leonardo, Blake, Kelly, Aguilar and Leal, Sunnyvale, Cal., Shortridge and Quisenberry, and Dean Estep, Phoenix, Ariz., and Walter E. Rankin, San Jose, Cal., for appellant. 2 Moore, Romley, Killingsworth and Kaplan and John H. Killingsworth, Phoenix, Ariz., for appellee. 3 Before HAMLEY and KOELSCH, Circuit Judges, and TAYLOR, District Judge. 4 FRED M. TAYLOR, District Judge. 5 Appellants and the Appellee, John Rodriguez, Jr., are the children and heirs at law of John Rodriguez, Sr., deceased. Appellants brought this action to recover their share of property allegedly owned by their father at the time of his death on February 24, 1959. It is a diversity of citizenship action instituted in the United States District Court for the District of Arizona under the provisions of Title 28 U.S.C.A. 1332, appealed to this…