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BUNKER HILL & SULLIVAN MINING & CONCENTRATING CO. v. POLAK

No. 4461.

7 F.2d 583 (1925)

BUNKER HILL & SULLIVAN MINING & CONCENTRATING CO. et al. v. POLAK.

Circuit Court of Appeals, Ninth Circuit.

August 24, 1925.

Attorney(s) appearing for the Case

C. W. Beale, of Wallace, Idaho, for plaintiffs in error.

Charles L. Heitman, of Sandpoint, Idaho, and L. H. Brown, of Spokane, Wash., for defendant in error.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

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

It is earnestly contended that the defendants were improperly joined in the action as tort-feasors; that there was no allegation in the complaint and no proof on the trial of any joint mining or milling operations or joint deposit of waste material by the defendants. It may be conceded that by the weight of authority it is settled that, where several persons act separately and independently and not in concert...

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