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MILLS v. SHERMAN

No. 4747.

19 F.2d 114 (1927)

MILLS et al. v. SHERMAN et al.

Circuit Court of Appeals, Sixth Circuit.

May 12, 1927.

Attorney(s) appearing for the Case

George L. Wire and Arthur C. Wetterstorm, both of Chicago, Ill. (J. S. Lord and C. L. Cobb, both of Chicago, Ill., on the brief), for appellants.

John C. Bills, of Detroit, Mich. (Stevenson, Butzel, Eaman & Long, of Detroit, Mich., on the brief), for appellees.

Before DENISON and MOORMAN, Circuit Judges, and COCHRAN, District Judge.

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

The questions argued deal in one form or another with two inquiries: Whether the court was right in modifying the contract, and allowing Sherman compensation thereunder as modified; and whether it was right in ordering the amount allowed paid out of the fund which he collected from the government. Neither of them involves, in our opinion, a determination of the ownership of the balance of the fund as between...

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