BOSTON ACME MINES CORPORATION v. SALINA CANYON COAL CO.

No. 6715.

3 F.2d 729 (1925)

BOSTON ACME MINES CORPORATION et al. v. SALINA CANYON COAL CO. et al.

Circuit Court of Appeals, Eighth Circuit.

January 10, 1925.


Attorney(s) appearing for the Case

P. G. Ellis, of Salt Lake City, Utah (Thomas Marioneux, of Salt Lake City, Utah, on the brief), for appellants.

Mahlon E. Wilson, of Salt Lake City, Utah (L. Eggertsen Cluff, Frederick C. Loofbourow and Albert R. Barnes, all of Salt Lake City, Utah, on the brief), for appellees.

Before LEWIS, Circuit Judge, and MUNGER and MILLER, District Judges.


MUNGER, District Judge (after stating the facts as above).

Much of the argument of appellants is given to questioning the propriety of the order remanding the case of the Salina Company against Klemm and the Development Company to the state court. It is claimed that after the order of consolidation was made there was only one suit in the United States court, and therefore there was no suit to be remanded. The order provided that the two actions were consolidated,...

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