Mccarthy v. Noren

370 F.2d 845 Robert E. McCARTHY, Successor to Walter E. Beck, as Manager of the United States Land Office at Sacramento, California, Appellant, v. Leonard E. NOREN and Harry C. Perry, Appellees. No. 20671. United States Court of Appeals Ninth Circuit. Nov. 8, 1966, Rehearing Denied Feb. 8, 1967. 1 Edwin L. Weisl, Jr., Asst. Atty, Gen., Manuel L. Real, U.S. Atty., Richard J. Dauber, Asst. U.S. Atty., Los Angeles, Cal., Roger P. Marquis, George R. Hyde, Attys., Dept. of Justice, Washington, D.C., for appellant. 2 Edson Abel, Middletown, Cal., for appellees. 3 Before DUNIWAY and ELY, Circuit Judges, and POWELL, District Judge. POWELL, District Judge: 4 This appeal involves the action of the appellant in rejecting the desert land entry applications of the appellees. Two actions were filed by the appellees against the appellant in District Court. The first is Cause No. 2139-ND, which resulted in an order of dismissal entered March 8, 1963; the second action is Cause No. 2347-ND, filed December 6, 1962, while the first action was pending but before the entry of the order of dismissal. appellant contends that the judgment in the first action, No. 2139-ND, is res judicata and a bar to the…