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COLLIE v. FERGUSSON

No. 2831.

31 F.2d 1010 (1929)

Ruffin COLLIE, Clinton Cook, and Robbie Rowe, Appellants, v. Thomas D. FERGUSSON, F. W. Darling and J. S. Darling, Trading as J. S. Darling & Son; S. M. Sinclair; W. J. Williamson; J. C. Council; Nye, the Engine Man, Incorporated; E. T. Lawson and I. E. Lawson, Trading as E. T. Lawson & Son; L. Johnson and H. L. Corkran, Trading as Johnson & Corkran, and J. V. Bickford, Appellees.

Circuit Court of Appeals, Fourth Circuit.

May 2, 1929.

Attorney(s) appearing for the Case

Jacob L. Morewitz, of Newport News, Va. (Percy Carmel, of Hampton, Va., on the brief), for appellants.

D. Arthur Kelsey, of Norfolk, Va. (Kelsey & Jett, of Norfolk, Va., on the brief), for appellees J. S. Darling & Son, S. M. Sinclair, E. T. Lawson & Son, W. J. Williamson, and Johnson & Corkran.

Before WADDILL, PARKER, and NORTHCOTT, Circuit Judges.

PER CURIAM.

We have duly considered the questions arising upon the petition for appeal from the decree of the District Court filed in this cause on September 4, 1928, and the conclusion reached by us is that the decree should be affirmed. And it appearing that the amounts found to be due appellants were withheld from them pending this appeal at the instance of appellees, although appellees did not appeal from the order allowing same, we think it but right that appellants...

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