Minthorne v. Seeburg Corporation

397 F.2d 237 Jean J. MINTHORNE and Melanie Minthorne, husband and wife, Appellants and Cross-Appellees, v. The SEEBURG CORPORATION, a corporation; Seeburg Distributing Company, a corporation, Appellees and Cross-Appellants. No. 21639. United States Court of Appeals Ninth Circuit. June 21, 1968. Rehearing Denied August 2, 1968. Coit I. Hughes (argued), Harry A. Stewart, Jr., of Hughes & Hughes, Phoenix, Ariz., for appellants. John P. Frank (argued), of Lewis, Roca, Beauchamp & Linton, Phoenix, Ariz., John L. Cole, of Loeb & Loeb, Los Angeles, Cal., for appellees. Before POPE, MERRILL and CARTER, Circuit Judges. JAMES M. CARTER, Circuit Judge. 1 These appeals grow out of an action by Seeburg Corporation, a corporation and Seeburg Distributing Company, a corporation, (hereafter collectively "Seeburg"). 1 The defendants were Jean J. Minthorne and Melanie Minthorne, (hereafter "Minthorne"), and others not involved in this appeal. The action was on contract for indemnification. Jurisdiction was based on diversity of citizenship and a demand in excess of $10,000.00. 2 Minthorne counter-claimed for breach of contract. The jury verdict was against Seeburg on its claim and for…