Brewer

This appeal is from the final judgment of the district court for the District of Oregon, entered February 14, 1948, denying an injunction and dismissing the complaint in the court below without costs.

Jurisdiction of the action in the district court is unquestionable under the record before us. 28 U.S.C.A. § 1332 . The appeal taken from the whole of the final judgment is before us under 28 U.S.C.A. § 1291 and Rule 73, Federal Rules of Civil Procedure, 28 U.S.C.A.

The record discloses an action by Paramount Pest Control Service, a corporation (.herein called Paramount) as plaintiff in the district court ágainst Charles P. Brewer, individually and doing business as Brewer’s Pest Control, Rosalie Brewer, his wife, Raymond Rightmire, Earl Merriott and one Carl Duncan as defendants. Duncan did not appear in the action as no service of process was made upon him.

The gravamen of the suit and a basic issue in the court below under the- pleadings, interrogatories and evidence in the record pertains to charges of conspiracy made by Paramount against the defendants and also alleged damaging overt acts by defendants, in furtherance thereof. There is also in the record a litigated issue…