WATERBURY v. T.G. & Y. STORES CO.

No. 86-1532.

820 F.2d 1479 (1987)

John G. WATERBURY and Marcia L. Waterbury, Plaintiffs-Appellants, v. T.G. & Y. STORES COMPANY, a corporation, Blue Corporation, and Does 1-10, inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 1, 1987.


Attorney(s) appearing for the Case

Wendell W. Clark, Tulsa, Okla., for plaintiffs-appellants.

William J. Coyne, Sacramento, Cal., for defendants-appellees.

Before SNEED, ALARCON and CANBY, Circuit Judges.


ALARCON, Circuit Judge:

John G. Waterbury and Marcia L. Waterbury (the current owners and landlords) appeal from the district court's order granting summary judgment in favor of T.G. & Y. Stores Company (T.G. & Y.), the current subtenant. The Waterburys present two issues for our review:

One. Whether the district court's sua sponte action in granting summary judgment against them during argument on...

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