Hoffman v. Babbitt Bros. Trading Co.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
STEPHENS, Circuit Judge.
The Hoffmans, husband and wife, filed a complaint for damages against Babbitt Brothers Trading Company, a corporation.. Babbitt filed a motion to dismiss the complaint, claiming the complaint “fails to* state a claim for relief against the-defendant”, which motion the court denied, and' Babbitt’s answer followed, putting the basis-for the action in issue. . Thereafter Babbitt-filed a motion for summary judgment under Rule 56, Federal Rules, of Civil Procedure,. 28 U.S.C.A., and the court granted it. -The-Hoffmans appeal.
Briefly, according to the complaint, the…
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