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OREGON SHORT LINE R. CO. v. TETON COAL CO.

No. 5924.

35 F.2d 919 (1929)

OREGON SHORT LINE R. CO. v. TETON COAL CO. et al.

Circuit Court of Appeals, Ninth Circuit.

November 12, 1929.

Attorney(s) appearing for the Case

Geo. H. Smith, of Salt Lake City, Utah, and H. B. Thompson and L. H. Anderson, both of Pocatello, Idaho, for appellant.

J. H. Peterson, O. R. Baum, and D. Worth Clark, all of Pocatello, Idaho, for appellee Chaffee.

Roy L. Black, of Pocatello, Idaho, J. D. Skeen, of Salt Lake City, Utah, A. H. Wilkie, of Idaho Falls, Idaho, and H. F. Samuels, of Sam, Idaho, for other appellees.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

DIETRICH, Circuit Judge.

This suit is upon a bond executed in favor of the plaintiff (appellant) by defendants Teton Coal Company, H. F. Samuels, Robert H. Harlin, and Karl A. Reichert, as principals, and their codefendants as sureties. In the court below there was a judgment of dismissal on the pleadings.

When the bond was given the coal company was the owner of a partially developed coal mine at Talbot, Idaho, and the other principals named were operating...

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