Schaefer v. Macri, 13129.

Decision Date25 April 1952
Docket NumberNo. 13129.,13129.
Citation196 F.2d 162
PartiesSCHAEFER v. MACRI et al.
CourtU.S. Court of Appeals — Ninth Circuit

M. C. Schaefer, appellant, in propria persona.

W. Paul Uhlmann, Altha P. Curry, Skeel, McKelvy, Henke, Evenson & Uhlmann, Seattle, for appellee W. R. McKelvy.

Carl E. Croson, Willard Hatch, Seattle, Wash., for appellee Continental Cas. Co.

Granville Egan, Seattle, Wash., for appellees Sam Macri, Don Macri and Joe Macri.

Before HEALY, BONE and POPE, Circuit Judges.

PER CURIAM.

This is an appeal from a judgment dismissing a second amended complaint for failure to state a cause entitling plaintiff to damages or other relief.

The dismissal was clearly warranted. Plaintiff's attempt, apparently, was to state a cause against the appellees in civil conspiracy. His pleading is couched mainly in verbose generalities, irrelevancies and conclusions, no facts being set out showing that there was a concert of action among the defendants, none from which a proper inference of collusion may be drawn and none stated which shows that any damage to the plaintiff resulted as a natural or probable consequence of the acts alleged.

Judgment affirmed.

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8 cases
  • Sidebotham v. Robison
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • January 12, 1955
    ...Lane, Limited, 9 Cir., 1949, 173 F.2d 559, 564-565; Machado v. McGrath, 1951, 89 U.S.App.D.C. 70, 193 F.2d 706, 708-709; Schaefer v. Macri, 9 Cir., 1952, 196 F.2d 162; Knox v. First Security Bank, 10 Cir., 1952, 196 F.2d 112, 117-118; Gold Seal Co. v. Weeks, 1954, 93 U.S.App.D.C. 249, 209 F......
  • Hunter v. A-1 Bonding Service, Inc.
    • United States
    • Georgia Court of Appeals
    • September 20, 1968
    ...204; Smith v. Cushman Motor Works, D.C., 8 F.R.D. 221(3); Maddox v. Shroyer et al., 112 U.S.App.D.C. 318, 302 F.2d 903; Schaefer v. Macri, C.A. 9th Cir., 196 F.2d 162, 344 U.S. 832, 73 S.Ct. 38, 97 L.Ed. 2. The agents could not be found to be on their master's business under the allegations......
  • Anderson v. Oakley
    • United States
    • Georgia Court of Appeals
    • January 22, 1975
    ...F.Supp. 173, cert. den. 311 U.S. 700, 61 S.Ct. 138, 85 L.Ed. 454; Maddox v. Shroyer, 112 U.S.App.D.C. 318, 302 F.2d 903; Schaefer v. Macri, 196 F.2d 162 (CA 9th Cir.) cert. den. 344 U.S. 832, 73 S.Ct. 38, 97 L.Ed. The opposite party may rely upon the admission as having established the fact......
  • Morton v. Rank America, Inc., CV 92-0610 RG (Kx).
    • United States
    • U.S. District Court — Central District of California
    • January 28, 1993
    ...argue that the Plaintiffs' allegations fail to state with any specificity the elements of a conspiracy claim, citing Schaefer v. Macri, 196 F.2d 162 (9th Cir.1952), cert. denied, 344 U.S. 832, 73 S.Ct. 38, 97 L.Ed. 647 (1952), for the proposition that the Plaintiff must allege facts from wh......
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