v2456-953

Document Title Page

No. 11,491

IN THE

United States Circuit Court of Appeals

For the Ninth Circuit

Allen Ziegler, Raymond Ziegler and

West Coast Supply Co. (a partner-

ship),

Appellarits,

vs.

Philip B. Fleming, Temporary Controls

Administrator,

Appellee.

Appeal from the District Court of the United States for the

Southern District of California, Central Division.

APPELLEE'S MOTION TO DISMISS APPEAL.

The appellee herein moves this Coui-t to dismiss

the appeal for the reason that no reviewable questions

are presented in the brief filed by the appellants. The

record fails to show that any of the issues raised by

them were raised, considered or decided below. Every

point relied upon has been raised for the first time on

this appeal.

It is well established that, whatever the nature of

the case, the review by an appellate court is restricted

archive.org Volume Name: govuscourtsca9briefs2456

Volume: http://archive.org/stream/govuscourtsca9briefs2456

Document Link: http://archive.org/stream/govuscourtsca9briefs2456#page/n952/mode/1up

Top Keywords (auto-generated):

winnett, bank, rights, property, 2d, summers, ed, right, cal, section, insolvent, lien, debtor, 1939, insolvency

Top Key Phrases (auto-generated):

section 3466, national bank, revised statutes, civil procedure, 3466 revised, los angeles, infra ., internal revenue, ap pellant, unpaid balance, tax lien, purported distraint, merchants national, emphasis ours., civil code

Document Status: UGLY