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Court of Appeals for the Ninth Circuit

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Ex Parte Boyden, 311_1 (1953)

205 F.2d 485 Ex parte BOYDEN. Misc. No. 311. United States Court of Appeals Ninth Circuit. June 17, 1953. Gerald Glen Boyden, in pro. per. No other appearances were entered. DENMAN, Chief Judge. 1 Boyden, a layman is informally seeking what I deem a petition for a certificate of probable cause for appeal. Boyden's application for habeas corpus was denied by the district court and permission to file an appeal in forma pauperis and a certificate of probable cause were denied on the ground that...

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Del'marmol v. Heinze, 310_1 (1953)

205 F.2d 114 DEL'MARMOL v. HEINZE et al. Misc. No. 310. United States Court of Appeals Ninth Circuit. June 17, 1953. Edwin J. Del'Marmol, in pro. per. No appearances for respondents. DENMAN, Chief Judge. 1 Del'Marmol seeks a certificate of probable cause for appeal from a judgment of the United States District Court for the Northern District of California, Northern Division, and for permission to proceed with the appeal in forma pauperis. The district judge refused to grant a certificate of...

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Winhoven v. United States, 309_1 (1953)

209 F.2d 417 WINHOVEN, v. UNITED STATES. Misc. No. 309. United States Court of Appeals Ninth Circuit. Dec. 7, 1953. Lloyd H. Burke, U.S. Atty., San Francisco, Cal., for appellee. Before DENMAN, Chief Judge, and ORR and POPE, Circuit Judges. DENMAN, Chief Judge. 1 Winhoven moves to proceed in forma pauperis in his appeal from the denial of a 60(b) motion to reopen a 28 U.S.C. § 2255 proceeding to set aside a sentence to the federal penitentiary. Such a motion requires a showing that the moving...

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Dunbar v. Cranor, 297_1 (1953)

202 F.2d 949 DUNBAR, v. CRANOR. Misc. No. 297. United States Court of Appeals Ninth Circuit. March 23, 1953. Norman Dunbar, in pro. per. No other appearances here entered. DENMAN, Chief Judge. 1 Dunbar petitions for a second rehearing on his motion to me for a certificate of probable cause for appeal, which was twice previously been denied because of the failure to comply with certain procedural requirements. These requirements now having been met, I will proceed to consider the motion on its...

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Del Marmol v. United States, 19-56391 (1953)

203 F.2d 200 DEL MARMOL v. UNITED STATES. No. 13251. United States Court of Appeals Ninth Circuit. March 30, 1953. Rehearing Denied April 10, 1953. Edwin J. Del Marmol, in pro. per. Walter S. Binns, U. S. Atty., Ray H. Kinnison, Asst. U. S. Atty., Chief Criminal Division, Tobias G. Klinger and Vincent N. Erickson, Asst. U. S. Attys., Los Angeles, Cal., for appellee. Before STEPHENS and HEALY, Circuit Judges, and McCORMICK, District Judge. PER CURIAM. 1 This is an appeal from the denial of a...

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Yuba Consolidated Gold Fields v. Kilkeary, 18-15124 (1953)

206 F.2d 884 YUBA CONSOLIDATED GOLD FIELDS v. KILKEARY et al. No. 13370. United States Court of Appeals Ninth Circuit. August 7, 1953. 1 Eugene M. Prince, Robert M. Searls, Allan R. Moltzen, Pillsbury, Madison & Sutro, San Francisco, Cal., Harry B. Seymour, Downey, Brand, Seymour & Rohwer, Sacramento, Cal., Southall R. Pfund, San Francisco, Cal., for appellants. 2 Edward F. Treadwell, Reginald S. Laughlin, San Francisco, Cal., Charles A. Wetmore, Jr., Marysville, Cal., Colin C. Kelley, Burton J....

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Fibreboard Products, Inc. v. Townsend, 141 (1953)

202 F.2d 180 FIBREBOARD PRODUCTS, Inc. v. TOWNSEND. No. 13,141. United States Court of Appeals Ninth Circuit. February 2, 1953. Rehearing Denied March 10, 1953. 1 T. R. Meyer, Samuel L. Holmes and Brobeck, Phleger & Harrison, San Francisco, Cal., for appellant. 2 C. K. Curtright, Sacramento, Cal., and Charles R. Garry, San Francisco, Cal., for appellee. 3 Before HEALY and POPE, Circuit Judges, and HARRISON, District Judge. 4 HARRISON, District Judge. 5 This is an appeal from a judgment of $2530....

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Steinberg v. United States, 14087_1 (1953)

207 F.2d 772 STEINBERG, v. UNITED STATES. No. 14087. United States Court of Appeals Ninth Circuit. Nov. 5, 1953. Richard Gladstein, of Gladstein, Andersen & Leonard, San Francisco, Cal., for appellant. Lloyd H. Burke, U.S. Atty., Robert H. Schnacke, Asst. U.S. Atty., Richard H. Foster, Asst. U.S. Atty., San Francisco, Cal., for appellee. Before DENMAN, Chief Judge, and HEALY and POPE, Circuit Judges. PER CURIAM. 1 It appearing that there was evidence before the district court that Steinberg is...

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Beecher v. Leavenworth State Bank, 14020-14028 (1953)

209 F.2d 20 BEECHER v. LEAVENWORTH STATE BANK et al. No. 13693. No. 13937. Nos. 14020-14028. United States Court of Appeals, Ninth Circuit. December 24, 1953. S. P. Beecher, Cashmere, Wash., in pro. per. John J. Ripple, Spokane, Wash., for appellee. Homer Smithson, C. D. Randall, Spokane, Wash., for appellee Leavenworth State Bank. Henry R. Newton, Spokane, Wash., for Federal Land Bank of Spokane. Before DENMAN, Chief Judge, and STEPHENS and ORR, Circuit Judges. DENMAN, Chief Judge. 1 Beecher...

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13945_1 (1953)

207 F.2d 880 In the Matter of the Application of Donald E. CHANDLER, For Writ of Habeas Corpus, Appellant, v. Fred T. WILKINSON, Warden, Federal Penitentiary, McNeil Island, Washington, Appellee. No. 13945. United States Court of Appeals Ninth Circuit. Nov. 17, 1953. Rehearing Denied Dec. 15, 1953. Donald E. Chandler, in pro. per. Charles P. Moriarty, U.S. Atty., Guy A. B. Dovell, Asst. U.S. Atty., Tacoma, Wash., for appellee. Before HEALY and POPE, Circuit Judges, and DRIVER, District Judge....

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Carl William Burkholder v. United States, 13935 (1953)

207 F.2d 958 Carl William BURKHOLDER, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee. No. 13935. United States Court of Appeals Ninth Circuit. Nov. 17, 1953. Writ of Certiorari Denied Nov. 30, 1953. Rehearing Denied Dec. 14, 1953. See 74 S. Ct. 236 . Carl William Burkholder, in pro. per. Charles P. Moriarty, U.S. Atty., Seattle, Wash., Guy A. B. Dovell, Asst. U.S. Atty., Tacoma, Wash., for appellee. Before HEALY and POPE, Circuit Judges, and DRIVER, District Judge. PER...

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Boyden v. Webb, 13931 (1953)

208 F.2d 201 BOYDEN, v. WEBB et al. No. 13931. United States Court of Appeals, Ninth Circuit. Nov. 27, 1953. Rehearing Denied Dec. 24, 1953. Edmund G. Brown, Atty. Gen., Clarence A. Linn, Asst. Atty. Gen., for appellee. Before DENMAN, Chief Judge, STEPHENS, Circuit Judge, and DRIVER, District Judge. DENMAN, Chief Judge. 1 This is an appeal from an order of the district court denying without hearing an application for a writ of habeas corpus. 2 The questions presented by this appeal are: (1)...

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Dragna v. Landon, 13919_1 (1953)

209 F.2d 26 DRAGNA, v. LANDON et al. No. 13919. United States Court of Appeals Ninth Circuit. Dec. 19, 1953. Richard H. Cantillon, Beverly Hills, Cal., Jackson & Hertogs, Joseph S. Hertogs, San Francisco, Cal., for appellant. Laughlin E. Waters, U.S. Atty., Clyde C. Downing, Asst. U.S. Atty., Robert K. Grean, Asst. U.S. Atty., Los Angeles, Cal., for appellee. Before DENMAN, Chief Judge, and HEALY and POPE, Circuit Judges. POPE, Circuit Judge. 1 The appellant brought an action for declaratory...

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United States v. United States District Court in and for Southern Dist. Of California, Northernd Division, 13891 (1953)

206 F.2d 303 UNITED STATES, v. UNITED STATES DISTRICT COURT IN AND FOR SOUTHERN DIST. OF CALIFORNIA, NORTHERND DIVISION, et al. No. 13891. United States Court of Appeals Ninth Circuit. Aug. 4, 1953. William H. Veeder, Sp. Asst. to Atty. Gen., Washington, D.C., for appellant. Claude L. Rowe, Fresno, Cal., for appellees. Before STEPHENS, ORR, and POPE, Circuit Judges. STEPHENS, Circuit Judge. 1 This case originated in this court and arises from the pendency in the United States District Court for...

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Carlisle v. Landon, District Director of Immigration and Naturalization Service, 13878 (1953)

206 F.2d 191 CARLISLE, v. LANDON, District Director of Immigration and Naturalization Service. No. 13878. United States Court of Appeals Ninth Circuit. June 26, 1953. Stanley Fleishman and Esther Shandler, Los Angeles, Cal., for appellant. Walter S. Binns, U.S. Atty., and Arline Martin, Asst. U.S. Atty., Los Angeles, Cal., for appellee. Before BONE, ORR and POPE, Circuit Judges. POPE, Circuit Judge. 1 This appellant is the same Harry Carlisle who unsuccessfully appealed from a judgment denying...

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Park v. Territory of Hawaii, 13855_1 (1953)

208 F.2d 357 PARK v. TERRITORY OF HAWAII. No. 13855. United States Court of Appeals Ninth Circuit. December 2, 1953. George Y. Kobayashi, Honolulu, Hawaii, for appellant. Robert E. St. Sure, Public Prosecutor of City and County of Honolulu, Henry W. C. Wong, Asst. Public Prosecutor of City and County of Honolulu, Honolulu, Hawaii, for appellee. Before HEALY, BONE and POPE, Circuit Judges. PER CURIAM. 1 Appellant was convicted in the Hawaiin circuit court of the crime of extortion, and on appeal...

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Application of Fink, 13839_1 (1953)

208 F.2d 898 14 Alaska 468 Application of FINK et al. No. 13839. United States Court of Appeals Ninth Circuit. Dec. 14, 1953. Thomas A. Fink, Anchorage, Alaska, in propria persona. J. Gerald Williams, Atty. Gen., Territory of Alaska, appellee. Before STEPHENS, HEALY and POPE, Circuit Judges. PER CURIAM. 1 Fink and others, who failed to pass the Alaska bar examination given by the Territorial Board of Law Examiners provided for by Alaska Compiled Laws Annotated, (1949), Secs. 35-2-31 to 35-2-51,...

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Feuer v. United States, 13837 (1953)

208 F.2d 719 FEUER, v. UNITED STATES. No. 13837. United States Court of Appeals Ninth Circuit. Dec. 21, 1953. Byron F. Lindsley, San Diego, Cal., for appellant. Laughlin E. Waters, U.S. Atty., Ray H. Kinnison, Asst. U.S. Atty., Cecil Hicks, Jr., Asst. U.S. Atty., Los Angeles, Cal., for appellee. Before STEPHENS, HEALY, and POPE, Circuit Judges. HEALY, Circuit Judge. 1 Appellant, a registrant under the Universal Military Training and Service Act, 50 U.S.C.A.Appendix, § 451 et seq., was charged...

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Lloy v. Pacific Electric Ry. Co, 13824_1 (1953)

207 F.2d 662 LLOY v. PACIFIC ELECTRIC RY. CO. No. 13824. United States Court of Appeals, Ninth Circuit. October 28, 1953. Rehearing Denied December 9, 1953. John M. Ennis, Los Angeles, Cal., for appellant. Spray, Gould & Bowers, Los Angeles, Cal., for appellee. Before MATHEWS, STEPHENS and ORR, Circuit Judges. MATHEWS, Circuit Judge. 1 At all pertinent times, appellee, Pacific Electric Railway Company, a corporation, was a common carrier by railroad engaged in commerce between California and...

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Wilson v. United States, 13819 (1953)

205 F.2d 567 WILSON, v. UNITED STATES. No. 13819. United States Court of Appeals Ninth Circuit. June 24, 1953. Robert G. Closterman, Portland, Or., for appellant. Henry L. Hess, U.S. Atty., Maurice v. Engelgau, Asst. U.S. Atty., Portland, Or., Lynn J. Gillard, Asst. U.S. Atty., San Francisco, Cal., for appellee. Before BONE, ORR, and POPE, Circuit Judges. PER CURIAM. 1 Appellant has renewed his application for admission to bail pending appeal, previous application to that end having been...

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