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CONWAY v. WHITE

No. 233.

9 F.2d 863 (1925)

CONWAY et al. v. WHITE.

Circuit Court of Appeals, Second Circuit.

June 29, 1925.

Attorney(s) appearing for the Case

Louis W. Southgate, of New York City (Robert C. Cooley, of Springfield, Mass., O. Ellery Edwards, of New York City, of counsel), for appellants.

Mitchell Bros., of New York City (Robert C. Mitchell and George H. Mitchell, both of New York City, of counsel), for appellee.

Before ROGERS, MANTON and HAND, Circuit Judges.

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

This is the second time this case has been before this court. When the case first came before the District Court a motion was made to dismiss the bill on the ground that it did not state facts sufficient to constitute a cause of action. The District Judge granted the motion and dismissed the bill. On appeal to this court we held that the bill stated facts sufficient, if true, to entitle the plaintiffs to the...

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