State of Washington v. Maricopa County, 10493.
Decision Date | 30 June 1944 |
Docket Number | No. 10493.,10493. |
Citation | 143 F.2d 871 |
Parties | STATE OF WASHINGTON et al. v. MARICOPA COUNTY et al. |
Court | U.S. Court of Appeals — Ninth Circuit |
Smith Troy, Atty. Gen., of Washington, and John Spiller, Asst. Atty. Gen., of Washington, for appellant State of Washington.
Wood, Hoffman, King & Dawson and David M. Wood, both of New York City, and Gust, Rosenfeld, Divelbess, Robinette & Coolidge and J. L. Gust, all of Phoenix, Ariz., for appellant Equitable Life.
Joe Conway, Atty. Gen., of Washington, and Earl Anderson, Chief Asst. Atty. Gen., for appellees who are state officials.
James A. Walsh, Co. Atty., and Leslie C. Hardy, Sp. Counsel, both of Phoenix, Ariz., and George Herrington and Orrick, Dahlquist, Neff & Herrington, all of San Francisco, Cal., for appellees Maricopa County and officials of Maricopa County.
Before WILBUR, MATHEWS, and HEALY, Circuit Judges.
In a civil action brought by appellants against appellees in the District Court of the United States for the District of Arizona, appellees moved for and obtained a summary judgment in their favor. From that judgment this appeal is prosecuted.
Summary judgments are provided for in Rule 56 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, reading as follows:
In this case, a declaratory judgment was sought against appellees. No other claim was asserted against them. There was no prayer for damages, no counterclaim, no cross-claim. Appellees moved with two supporting affidavits for a summary judgment in their favor. Appellants served an opposing affidavit. There were no further affidavits nor any depositions. The pleadings were (1) appellants' amended complaint, hereafter called the complaint, and (2) appellees'...
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