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MATHIS v. HEMINGWAY

No. 7713.

24 F.2d 951 (1928)

MATHIS et al. v. HEMINGWAY.

Circuit Court of Appeals, Eighth Circuit.

March 6, 1928.

Attorney(s) appearing for the Case

Ross Mathis, of Cotton Plant, Ark., and W. G. Dinning, of Helena, Ark., for appellants.

H. M. Trieber and P. A. Lasley, both of Little Rock, Ark., for appellee.

Before KENYON and BOOTH, Circuit Judges, and MUNGER, District Judge.

MUNGER, District Judge (after stating the facts as above).

The appellee asks to have the appeal dismissed because Dale Welsh, as trustee in bankruptcy of John L. Turner, was a party defendant, and alleges that he has a substantial interest in the decree appealed from, and has not been joined in the appellate proceedings, nor has there been a summons and severance as to him. The only pleading presented by Dale Welsh as such...

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