Opinion
No. 9559.
February 20, 1941.
Appeal from the District Court of the United States for the Northern District of California, Northern Division; Hon. Michael J. Roche, Judge.
W. Coburn Cook, of Turlock, Cal., for appellants.
Hankins Hankins and P.J. Minasian, all of San Francisco, Cal., and A.L. Cowell, of Stockton, Cal., for appellee.
Before GARRECHT and HEALY, Circuit Judges, and ST. SURE, District Judge.
The motion of appellee in above cause for dismissal of the appeal herein based on stipulation of counsel for appellant and order of this court of October 15, 1940, that the appeal may be dismissed if petition for writ of certiorari be denied in the cause of West Coast Life Insur. Company v. Merced Irrigation District, 9 Cir., 114 F.2d 654, coming on regularly for hearing, and it appearing from the records in said Merced cause that petition for writ of certiorari was denied on January 6, 1941, Pacific Nat. Bank v. Merced Irr. Dist., 61 S. Ct. 441, 85 L.Ed. ___, and petition for rehearing denied on Feb. 10, 1941, 61 S.Ct. 620, 85 L.Ed. ___, by the Supreme Court of the United States, ordered motion to dismiss appeal granted, that the appeal be dismissed, that a decree be filed and entered in the minutes of this court accordingly, and mandate of this court issue forthwith.