Fahey

Fahey v. Calverley

Good Law
208 F.2d 197
United States Court of Appeals for the Ninth CircuitNovember 23, 1953Nos. 13411, 13558, 12575, 12893, 13055California2,194 words

Opinion

Lead Opinion

Bone, J.

I

We have before us for disposition two motions of appellants in the above entitled proceedings. By the first of these motions appellants seek an order of this Court remanding the above captioned proceedings No. 13,411 and No. 13,558 to the District Court of the United States for the Southern District of California, Central Division, with directions to:

(1) Vacate the order appointing a receiver, dated, filed and entered on March 15, 1952, in consolidated actions 5421-P. H. and 5678-P.H. in the files of the District Court of the United States for the Southern District of California, Central Division.

(2) Dismiss, or require said receiver to dismiss, the complaint filed by said receiver in the Superior Court of the State of California, in and for the County of Los Angeles, and thereafter removed to said District Court, being action 13953-P.H. in the files of said Court.

(3) Dismiss, or require said receiver to dismiss, the cross-claim filed by said receiver in consolidated actions 5421-P. H. and 5678-P.H.

(4) Vacate the “Order For Interim Allowance Of Costs And Expenses To Defend Appeal From Order Appointing Receiver” filed August 19, 1952 and docketed and entered August 20,…

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