HIXSON v. HIXSON

Civ. No. 1047-57.

170 F.Supp. 590 (1958)

Grace D. HIXSON, Plaintiff, v. William Carter HIXSON and UNITED STATES of America, Defendants. UNITED STATES of America, Counter-Claimant and Cross-Claimant, v. Grace D. HIXSON, Counter-Defendant, and William Carter Hixson, Cross-Defendant.

United States District Court S. D. California, Central Division.

January 21, 1958.


Attorney(s) appearing for the Case

Gold & Needleman, and Harry M. Fain, Beverly Hills, Cal., for Grace D. Hixson.

Laughlin E. Waters, U. S. Atty., Eugene Harpole, Edward R. McHale, Rembert T. Brown, Los Angeles, Cal., for the United States.

Wm. J. Clark, and Charles Murstein, Los Angeles, Cal., for William Carter Hixson.


MATHES, District Judge.

This cause having come before the Court for trial, and evidence having been submitted by all parties; and it appearing to the Court:

(a) that defendant United States of America, as Sovereign, has never consented to be sued in this or any court for a claim to declaratory judgment such as is presented in the first cause of action asserted in plaintiff's complaint in this case [see: 28 U.S.C.A. § 2201; Mayer v. Wright, 9 Cir., 1958...

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