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CLIFTON v. TOMB

Nos. 2582, 2625.

21 F.2d 893 (1927)

CLIFTON et al. v. TOMB (two cases).

Circuit Court of Appeals, Fourth Circuit.

October 18, 1927.

Attorney(s) appearing for the Case

Ashton File, of Beckley, W. Va. (File, Goldsmith & Scherer, of Beckley, W. Va., on the brief), for appellants and plaintiffs in error.

Russell S. Ritz, of Bluefield, W. Va., for appellee and defendant in error.

Before NORTHCOTT, Circuit Judge, and SOPER and ERNEST F. COCHRAN, District Judges.

ERNEST F. COCHRAN, District Judge.

These two cases concerned the same transactions between the same parties and were heard together in this court, and may be disposed of in one opinion, though a separate discussion of some of the questions involved may be to some extent necessary. In No. 2582, a bill in equity was brought by the appellee, M. H. Tomb, against J. B. Clifton and Raven Red Ash Coal Company, a corporation, the appellants in this court. In No. 2625, an...

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