Firchau v. Diamond National Corporation

345 F.2d 269 Albert J. FIRCHAU, Emma Firchau Sallender, both individually, and Albert Firchau and Emma Firchau Sallender, as Trustees and as Assignees of Western Oregon Trucking Corporation, Inc., a dissolved Oregon corporation, Firchau Logging Co., Inc., a Nevada corporation, and Independent Loggers and Contractors, Inc., an Oregon corporation, Appellants, v. DIAMOND NATIONAL CORPORATION, a Delaware corporation, Appellee. No. 19526. United States Court of Appeals Ninth Circuit. April 26, 1965. Clarence H. Pease, Sacramento, Cal., for appellants. Arthur R. Albrecht, Craig McAtee, McCutchen, Doyle, Brown, Trautman & Enersen, San Francisco, Cal., for appellee. Before CHAMBERS, HAMLEY and BROWNING, Circuit Judges. HAMLEY, Circuit Judge: 1 On January 24, 1963, Albert J. Firchau and others commenced this action against Diamond National Corporation (Diamond) to recover damages in the sum of $1,500,000 for breach of contract. The action was filed in the Superior Court of the State of California in and for the County of Tehama, and was removed to the federal district court because of diversity of citizenship. On motion of Diamond the complaint, in which one claim was asserted, was…