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ZARING v. STRAUSS & CO.

No. 5490.

30 F.2d 313 (1929)

ZARING et al. v. STRAUSS & CO., Inc.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied March 5, 1929.

Attorney(s) appearing for the Case

F. M. Bistline and Jones, Pomeroy & Jones, all of Pocatello, Idaho, for appellants.

Geo. D. McClintock, of Minneapolis, Minn., H. B. Thompson, of Pocatello, Idaho, and C. Coolidge Kreis, of San Francisco, Cal., for appellee.

Before GILBERT, RUDKIN, and DIETRICH, Circuit Judges.

GILBERT, Circuit Judge (after stating the facts as above).

It is assigned as error that the court below adjudged the chattel mortgage of December 31, 1924, to be void as to the appellee, and our attention is directed to the fact that in the bill of complaint no fraud is charged as to that mortgage and no relief is sought against the same. The decree, it is true, declares that the mortgage of December 31, 1924, is void as to the appellee, but the decree in that respect...

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