Warren v. Lawler

343 F.2d 351 Harry E. WARREN, Appellant, v. John P. LAWLER, H. Glenn Lawler, Edna S. Lawler, Elizabeth L. Ashley, Individually and as Executors of the Estate of John Lawler, Deceased, Appellees. No. 19357. United States Court of Appeals Ninth Circuit. March 19, 1965. COPYRIGHT MATERIAL OMITTED Rudolph J. Scholz, Everett S. Layman, Jr., San Franciso, Cal., for appellant. Wm. Dopkins, Cameron & Dopkins, Dunnell & Dunnell, Fairfield, Cal., for appellees. Before MADDEN, Judge of the Court of Claims, and HAMLEY and KOELSCH, Circuit Judges. HAMLEY, Circuit Judge. 1 Harry E. Warren brought this action in the district court on February 6, 1964, to recover damages alleged to have been sustained in connection with a certain option agreement. The defendants are John P. Lawler, H. Glenn Lawler, Edna S. Lawler and Elizabeth L. Ashley, named individually and as executors and executrices of the estate of John Lawler, Sr., deceased (Lawler). Federal court jurisdiction rests on diversity of citizenship. 2 Defendants moved to dismiss the action on the ground that, for several independent reasons, the complaint fails to state a claim upon which relief can be granted. The district court…