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UNITED STATES v. PINOLE LAND CO.

Civ. No. 7639.

171 F.Supp. 87 (1959)

UNITED STATES for the use of MARYSVILLE TRACTOR & EQUIPMENT CO., a copartnership consisting of D. W. Beatie, K. D. Beatie, and C. E. Stewart, partners, Plaintiffs, v. PINOLE LAND CO., Inc., a corporation, United States Fidelity & Guaranty Co., a corporation, J. W. Baker, Rhoades Grimshaw, Frank T. Taylor and Calvin Best, Defendants.

United States District Court N. D. California, N. D.

March 4, 1959.

Attorney(s) appearing for the Case

Rich, Fuidge & Dawson, Marysville, Cal., Downey, Brand, Seymour & Rohwer and Robert R. Harlan, Sacramento, Cal., for plaintiffs.

John A. Wilson, Stockton, Cal., for defendant Frank T. Taylor.

L. Kenneth Say, Fresno, Cal., for defendants, Pinole Land Co., Inc., and U. S. Fidelity & Guaranty Co.

HALBERT, District Judge.

Defendant Taylor has moved for his dismissal as a party defendant from the instant case on the ground that the complaint fails to state a claim against him upon which relief can be granted and, alternatively, on the ground that this Court does not have jurisdiction over the subject matter of the claim against him (Federal Rules of Civil Procedure, Rule 12(b) (1) and (6)), 28 U.S.C.A.

This motion is opposed by use-plaintiff Marysville...

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