Opinion
No. 18835.
March 3, 1964.
Fitzsimmons Petris, Edward R. Fitzsimmons, and Ruth S. Harwitz, Oakland, Cal., for appellants.
Schwab Kant, and Oliver Schwab, Beverly Hills, Cal., for appellees.
Before BARNES, HAMLEY and BROWNING, Circuit Judges.
The record discloses no responsive pleading had been filed when this action was dismissed. Rule 15(a), Federal Rules of Civil Procedure is applicable. Cf. Breier v. Northern California Bowling Proprietors Ass'n, 9 Cir. 1963, 316 F.2d 787.
The judgment of dismissal is reversed, and the action remanded with leave to plaintiffs to amend, if they so desire.