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WOODS v. FIRST NAT. BANK

No. 4873.

16 F.2d 856 (1926)

WOODS et al. v. FIRST NAT. BANK OF ALBUQUERQUE, N. M.

Circuit Court of Appeals, Ninth Circuit.

On Petition for Rehearing, January 31, 1927.

Attorney(s) appearing for the Case

C. H. Jordan, of Holbrook, Ariz., and Armstrong, Lewis & Kramer, of Phœnix, Ariz., for appellants.

A. H. Favour and A. G. Baker, both of Prescott, Ariz., for appellee.

Before GILBERT and RUDKIN, Circuit Judges, and NETERER, District Judge.

RUDKIN, Circuit Judge.

This was a suit to foreclose a mortgage on certain real property in the state of Arizona. The parties to the mortgage were Joseph F. Woods, mortgagor, and Holbrook State Bank, mortgagee. The complaint contains no averment as to the citizenship of either party, aside from a recital in the mortgage that the mortgagor was "of Holbrook, of the county of Navajo, state of Arizona," and the mortgagee, "a corporation, of Holbrook, Navajo county, Ariz...

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