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TENNESSEE MINING & MFG. CO. v. NEW RIVER LUMBER CO.

No. 4130.

5 F.2d 559 (1925)

TENNESSEE MINING & MFG. CO. v. NEW RIVER LUMBER CO.

Circuit Court of Appeals, Sixth Circuit.

May 16, 1925.

Attorney(s) appearing for the Case

J. A. Fowler and N. B. Morrell, both of Knoxville, Tenn. (J. A. Fowler, Lindsay, Young & Young, and Fowler & Fowler, all of Knoxville, Tenn., on the brief), for appellant.

L. D. Smith, of Knoxville, Tenn., and E. G. Foster, of Huntsville, Tenn. (Anderson & Word and L. D. Smith, all of Knoxville, Tenn., on the brief), for appellee.

Before DENISON, MACK, and DONAHUE, Circuit Judges.

DENISON, Circuit Judge (after stating the facts as above).

1. We are not convinced that there has been sufficient laches to prevent the aid of equity in protecting whatever rights the Land Company has. It is true that a former suit of the same general character as this, after pending for some time, was voluntarily dismissed by the Land Company; but this dismissal was by way of encouraging expected good relations between the parties; and we do not see that the Lumber...

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