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GILBERTSON v. CITY OF FAIRBANKS

No. 15567.

253 F.2d 231 (1958)

George GILBERTSON, Appellant, v. CITY OF FAIRBANKS, Appellee.

United States Court of Appeals Ninth Circuit.

February 24, 1958.

Attorney(s) appearing for the Case

Edgar Paul Boyko, San Francisco, Cal., for appellant.

William V. Boggess, Fairbanks, Alaska, George N. Sheild, San Francisco, Cal., for appellee.

Before MATHEWS, POPE and LEMMON, Circuit Judges.

PER CURIAM.

On August 23, 1956, in the District Court for the Territory of Alaska, appellee brought a civil action against appellant. Appellant filed an answer1 containing a counterclaim. The counterclaim was in two counts. Appellee moved to dismiss both counts, thus, in effect, moving to dismiss the counterclaim. The District Court granted the motion and entered an order which, in effect, dismissed the counterclaim.2...

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