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GREEN v. TUTTLE

No. 6622.

2 F.2d 455 (1924)

GREEN v. TUTTLE.

Circuit Court of Appeals, Eighth Circuit.

November 10, 1924.

Attorney(s) appearing for the Case

Frank J. Morley, of Minneapolis, Minn. (Kingman, Cross, Morley & Cant, of Minneapolis, Minn., on the brief), for plaintiff in error.

Walter W. Patterson, of Minneapolis, Minn. (Aubrey Lawrence, of Fargo, N. D., and William H. McGrath, of Minneapolis, Minn., on the brief), for defendant in error.

Before STONE and KENYON, Circuit Judges, and KENNEDY, District Judge.

KENNEDY, District Judge.

This is a case originally begun in the Minnesota state court, and from thence removed to the District Court of the United States for the District of Minnesota. It is an action in which the plaintiff seeks to recover of the defendant one-third of the profits alleged to have accrued from a joint venture of plaintiff, defendant, and one other, under an oral express contract in the purchase and subsequent sale at a profit of real estate. One-third...

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