Miller v. Western Board Of Adjusters

427 F.2d 175 Marvin MILLER and Covina Publishing, Inc., a corporation, dba Collectors Publications, Plaintiffs-Appellants, v. WESTERN BOARD OF ADJUSTERS, INC., a California corporation, Andres Alonso, Jr., and Edgar L. Shiffirn, Defendants-Appellees. No. 23717. United States Court of Appeals, Ninth Circuit. May 20, 1970. Burton Marks, of Marks, Sherman & London, Los Angeles, Cal., for appellants. Barnard F. Klein, Beverly Hills, Cal., for appellees. Before BARNES, KILKENNY and TRASK, Circuit Judges. BARNES, Circuit Judge: 1 This is an appeal from a summary judgment filed under Rule 56, Fed.R. Civ.P., granted to appellees on the ground "the action has no merit." (C. T. 24.) 2 Appellees' motion was, in accordance with local rules of Court of the Central District of California, accompanied by a proposed summary judgment, and proposed findings of fact and conclusions of law (C.T 39-42) as required by Local Rule 3(g), par. 1, and two affidavits from two defendants. 3 The two affidavits filed by the appellees related the institution of the state court action to collect the debt allegedly due, and flatly denied any knowledge of, or the existence of, any conspiracy or course of…