Albright v. Gates

362 F.2d 928 Charles E. ALBRIGHT and Vernie Albright, Appellants, v. Theodore J. GATES, Jane Gates, Milton J. Porter, Carmel Porter, Jacqueline C. Loos, and Tulsa United Petroleum, Inc., an Oklahoma corporation, Appellees. No. 19256. United States Court of Appeals Ninth Circuit. June 21, 1966. Zad Leavy, Beverly Hills, Cal., for appellants. James F. Nelson, Hightower & Nelson, Los Angeles, Cal., for appellees. Before CHAMBERS, POPE and BARNES, Circuit Judges. CHAMBERS, Circuit Judge. 1 William Clark is involved in a controversy with the Albrights over oil securities purchased by the latter. Clark reached the courthouse first. 2 Alleging diversity, Clark sued the Albrights for slander, the words of which supposedly concerned Clark's oil security selling operations. The Albrights responded with a counterclaim against Clark for the price paid for alleged worthless oil rights or securities sold to the Albrights. As between Clark and the Albrights, it would seem obvious that the counterclaim was not less than permissive. The district court ruled that the counterclaim should stand as to Clark, and he has not appealed. 3 But the story does not stop at this point. Ex parte, the…