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SMITH v. HOVLAND

No. 4366.

11 F.2d 9 (1926)

SMITH v. HOVLAND.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied March 22, 1926.

Attorney(s) appearing for the Case

Ellinwood & Ross, John E. Sanders, and John M. Ross, all of Bisbee, Ariz., for appellant and cross-appellee.

John H. Campbell, S. L. Kingan, and A. R. Conner, all of Tucson, Ariz., and Charles C. Montgomery, of Los Angeles, Cal., for appellee and cross-appellant.

Charles R. Morfoot, of Los Angeles, Cal., for Hovland.

Before HUNT, RUDKIN, and McCAMANT, Circuit Judges.

HUNT, Circuit Judge (after stating the facts as above.

Nearly a year after the record was filed in this court and during the term at which the case was set for hearing, Hovland filed a petition for certiorari and for diminution of record based upon the ground that Smith was and is not the sole party in interest; that Phelps-Dodge Corporation and others are necessary parties and should be joined; and that certain papers used in a case pending in the state court of...

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