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DAVIS v. PEARCE

No. 8078.

30 F.2d 85 (1928)

DAVIS v. PEARCE et al.

Circuit Court of Appeals, Eighth Circuit.

December 12, 1928.

Attorney(s) appearing for the Case

James D. Parriott, of Denver, Colo. (William Ellis Lady, of Los Angeles, Cal., and A. L. Doud, of Denver, Colo., on the brief), for appellant.

Robert G. Bosworth, of Denver, Colo. (George L. Nye and William Baird King, both of Denver, Colo., on the brief), for appellees.

Before BOOTH and COTTERAL, Circuit Judges, and REEVES, District Judge.

BOOTH, Circuit Judge.

This is an appeal from a decree which dismissed plaintiff's bill for want of equity, after a trial. Jurisdiction is based upon diversity of citizenship and the requisite amount involved. In the court below appellant was plaintiff, and Alfred T. Pearce, Gertrude Pearce, the Security Realty Company, the Suburban Homesites Company, and the Olinger Corporation were named as defendants. The Olinger Corporation, however, was not served with process...

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