Clark v. Davis

Fifth Circuit Court of Appeals

Decided April 9, 1971.

Fifth Circuit Court of Appeals · decided 1971-04-09

Cited by 3 later decisions — most recently June 1972

3 federal appellate ·

2 counsel of record

Relies on Younger v. Harris · Dombrowski v. Pfister · Perez v. Ledesma

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1971-04-09

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¶1Arden E. Shenker (argued), Lamar Tooze, Jr., Rees C. Johnson, of Tooze, Powers, Kerr, Tooze & Peterson, Portland, Or., for appellants.

¶2Jack L. Kennedy (argued), Portland, Or., John H. Kottkamp, of Kottkamp & O'Rourke, Pendleton, Or., for appellees.

¶3Before KOELSCH, CARTER and WRIGHT, Circuit Judges.

¶4 *154PER CURIAM:

¶5This appeal is taken from a diversity action for malicious institution of a civil proceeding and for slander of title to a cattle ranch. Appellees prevailed and were awarded damages.

¶6On appeal Davis questions the sufficiency of the evidence and alleges that appellees improperly impeached their own witness.

¶7We have carefully examined the several assignments of error in the light of the record and, finding no reversible error, affirm.

¶8It is so ordered.