Clark v. Davis

439 F.2d 153 David L. CLARK and Lela M. Clark, husband and wife, and Joe F. Clark and Gladys F. Clark, husband and wife, Plaintiffs-Appellees, v. Fred Hilton DAVIS and Lorraine Davis, husband and wife, Defendants-Appellants. No. 24020. United States Court of Appeals, Ninth Circuit. April 9, 1971. Arden E. Shenker (argued), Lamar Tooze, Jr., Rees C. Johnson, of Tooze, Powers, Kerr, Tooze & Peterson, Portland, Or., for appellants. Jack L. Kennedy (argued), Portland, Or., John H. Kottkamp, of Kottkamp & O'Rourke, Pendleton, Or., for appellees. Before KOELSCH, CARTER and WRIGHT, Circuit Judges. PER CURIAM: 1 This appeal is taken from a diversity action for malicious institution of a civil proceeding and for slander of title to a cattle ranch. Appellees prevailed and were awarded damages. 2 On appeal Davis questions the sufficiency of the evidence and alleges that appellees improperly impeached their own witness. 3 We have carefully examined the several assignments of error in the light of the record and, finding no reversible error, affirm. 4 It is so ordered.