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HORBACH v. COYLE

No. 6222.

2 F.2d 702 (1924)

HORBACH v. COYLE et al.

Circuit Court of Appeals, Eighth Circuit.

September 12, 1924.

Attorney(s) appearing for the Case

H. W. Morrow, of Omaha, Neb. (Lyman O. Perley, of Omaha, Neb., on the brief), for plaintiff in error.

David A. Fitch, of Omaha, Neb., and A. G. C. Bierer, of Guthrie, Okl. (Gurley, Fitch & West, of Omaha, Neb., and Dale & Bierer, of Guthrie, Okl., on the brief), for defendants in error.

Before LEWIS, Circuit Judge, and SYMES and PHILLIPS, District Judges.

PHILLIPS, District Judge.

Ed J. Coyle, Harry Jones, M. E. Shreeve, and J. G. Taylor brought this action against Paul W. Horbach upon a written contract to recover the sum of $15,766 and accrued interest. The parties will be referred to as plaintiffs and defendant, respectively, as they appeared in the lower court.

The plaintiffs Coyle, Jones, and Shreeve, and three associates, at the time of the making of the contract sued on, were officers and directors of...

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