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KENTENIA COAL CO. v. TYREE

No. 4129.

4 F.2d 512 (1925)

KENTENIA COAL CO. v. TYREE.

Circuit Court of Appeals, Sixth Circuit.

March 6, 1925.

Attorney(s) appearing for the Case

F. E. Wood and Charles Sawyer, both of Cincinnati, Ohio (Dinsmore, Shohl & Sawyer, of Cincinnati, Ohio, on the brief), for plaintiff in error.

S. S. Willis and John F. Hager, both of Ashland, Ky. (Hager & Stewart, of Ashland, Ky., on the brief), for defendant in error.

Before DONAHUE, MACK, and KNAPPEN, Circuit Judges.

PER CURIAM.

The case presents but two questions: First, was the plaintiff entitled to a directed verdict, for the reason that defendant filed no rejoinder traversing the material facts pleaded in plaintiff's amended reply? Second, was the plaintiff, upon all the evidence, entitled to a directed verdict?

In reference to the first question, it is claimed that under the Civil Code of Practice in Kentucky (section 114) the parties must, before trial, have formed...

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