HAGAN COAL MINES v. NEW STATE COAL CO.

No. 7937.

30 F.2d 92 (1928)

HAGAN COAL MINES, Inc., v. NEW STATE COAL CO. et al.

Circuit Court of Appeals, Eighth Circuit.

December 11, 1928.


Attorney(s) appearing for the Case

Merritt C. Mechem, of Albuquerque, N. M. (Mechem & Vellacott and Frank W. Vellacott, all of Albuquerque, N. M., on the brief), for plaintiff in error.

C. M. Botts, of Albuquerque, N. M. (Simms & Botts and John F. Simms, all of Albuquerque, N. M., on the brief), for defendants in error.

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


BOOTH, Circuit Judge.

This is a writ of error to a judgment based upon findings which allowed the demand of plaintiff in error, plaintiff below, allowed the demand of defendants on their counterclaim, offset one against the other, and found a balance in defendants' favor. The suit was at law. The basis of jurisdiction was diversity of citizenship and requisite amount involved.

The complaint alleged that a written contract was entered into between plaintiff...

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