Lenske v. Steinberg

415 F.2d 711 Reuben LENSKE and Rose Lenske, husband and wife, and Orville Heddon and Louise Heddon, husband and wife, Appellants, v. Sidney STEINBERG, Melvin Steinberg and Gladys Chudner, Appellees. No. 22927. United States Court of Appeals Ninth Circuit. Aug. 6, 1969. Reuben Lenske (argued), Portland, Or., for appellants. M. J. Montague (argued), Donald R. Stark (appeared), of Williams, Montague, Stark & Thorpe, Portland, Or., for appellees. Before BARNES, HAMLIN and MERRILL, Circuit Judges. PER CURIAM: 1 Appellants contend that although judgment was sought in the sum of $35,000 and was rendered in the sum of $25,000, the amount in controversy was insufficient to confer federal jurisdiction due to their admission of partial liability. There is no merit in this contention. See 1 Barron & Holtzoff, Federal Practice and Procedure, Rules Edition 102, 24. 2 In open court, at the time of trial, appellants stipulated to the balance due and the court relied on this stipulation. Appellants now seek to avoid the stipulation, contending that it was not intended to be a settlement of disputed issues but was simply an erroneous computation upon figures agreed to by both sides. The…