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SMALLWOOD v. McGRAW

No. 8811.

42 F.2d 74 (1930)

SMALLWOOD v. McGRAW.

Circuit Court of Appeals, Eighth Circuit.

June 26, 1930.

Attorney(s) appearing for the Case

Charles Burke Elliott, of Minneapolis, Minn. (Elliott, Coursolle & Kelly, of Minneapolis, Minn., and J. A. Cashel, of Worthington, Minn., on the brief), for appellant.

Fred W. Putnam, of Minneapolis, Minn. (Frank W. Shaw, Orren E. Safford, Wilbur D. Shaw, and Matthew J. Levitt, all of Minneapolis, Minn., on the brief), for appellee.

Before STONE and VAN VALKENBURGH, Circuit Judges, and SCOTT, District Judge.

STONE, Circuit Judge.

This is an action for specific performance of a contract. The defendants were "Worthington Telephone Exchange Company, a partnership composed of C. M. Smallwood, J. T. Smallwood, and Mary S. Cashel, C. M. Smallwood and Mildred L. Smallwood, J. T. Smallwood and Blanche M. Smallwood, Mary S. Cashel and John A. Cashel." That is, against the members of a partnership (under the name Worthington Telephone Exchange Company) and the wives and husband...

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