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FULLER v. PEABODY

No. 4016.

1 F.2d 965 (1924)

FULLER v. PEABODY et al.

Circuit Court of Appeals, Sixth Circuit.

October 8, 1924.

Attorney(s) appearing for the Case

William T. Fowler, of Frankfort, Ky. (O'Rear, Fowler & Wallace, all of Frankfort, Ky., on the brief), for appellant.

Wallace R. Middleton, of Detroit, Mich., and Henry Fitts, of Chicago, Ill. (Barthell, Fitts & Rundall and Winston, Strawn & Shaw, all of Chicago, Ill., Miller & Otis, of New York City, Clifford B. Longley, of Detroit, Mich., and James H. Jeffries and Cleon K. Calvert, both of Pineville, Ky., on the briefs), for appellees.

Before DENISON, MACK, and DONAHUE, Circuit Judges.

DENISON, Circuit Judge.

This case turns upon the question whether there was jurisdiction in the District Court under section 57 of the Judicial Code (Comp. St. § 1039). That court thought not, and dismissed the bill of appellant, Fuller.

Fuller had interests in and options upon various parcels of Kentucky land, capable of being put with others and assembled into a large tract. To carry out such a plan, he joined with others in forming what is known as...

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