FEDERAL REPORTER, 24 SERIES plaintiffs have at hand full opportunity to test their rights by defending in those proceedings. As this court said in Alesna v. Rice, 9 Cir., 172 Fit! 176, 377, "Had the prosecution of the information pro- ceeded, the jury might have acquitted the defendants, appellants,

livered the goods, do not pose a genuine junctions "to stay proceedings n a State issue of material fact and was insufficient court". As we said in Alesna Rice, su- to prevent award of summary i judgment. pra, we find it unnecessary to c Miler this 2. Carriers 6=44 question here. If plaintiff's co