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McMULLEN v. LEWIS

No. 2779.

32 F.2d 481 (1929)

McMULLEN v. LEWIS et al.

Circuit Court of Appeals, Fourth Circuit.

April 9, 1929.

Attorney(s) appearing for the Case

Henry Simms, of Huntington, W. Va., and Hite H. Huffaker, of Louisville, Ky. (William Bullitt Dixon, of Louisville, Ky., Goshorn & Smith, of Charleston, W. Va., Simms & Staker, of Huntington, W. Va., and Fred W. Goshorn and Claude L. Smith, both of Charleston, W. Va., on the brief), for appellant.

Robert S. Spilman and George E. Price, both of Charleston, W. Va. (Hawthorne D. Battle and Price, Smith & Spilman, all of Charleston, W. Va., on the brief), for appellees.

Before WADDILL and PARKER, Circuit Judges, and BAKER, District Judge.

WADDILL, Circuit Judge.

This is an appeal from a decree of the United States District Court for the Southern District of West Virginia, dismissing appellant's original and amended bills of complaint filed in that court.

On August 11, 1928, appellant, Nelson V. McMullen, filed his bill in the federal District Court at Charleston against a number of parties, including two corporations, described as "the heirs at law and successors in title to John D. Lewis,...

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