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STALEY v. ESPENLAUB

No. 268.

43 F.2d 98 (1930)

STALEY et al. v. ESPENLAUB et al.

Circuit Court of Appeals, Tenth Circuit.

September 2, 1930.

Attorney(s) appearing for the Case

Anthony P. Nugent, of Kansas, City, Mo., for appellants.

Louis R. Gates, of Kansas City, Kan. (Blake A. Williamson, of Kansas City, Kan., on the brief), for appellees.

Before LEWIS and PHILLIPS, Circuit Judges.

LEWIS, Circuit Judge.

This suit was brought by appellants to establish their title to and for possession of described real estate in Wyandotte county, Kansas. Prior thereto the same plaintiffs had sued the same defendants on the same cause of action in the state court, and the court below sustained a plea of res adjudicata based on the judgment of the state court in the prior suit, which had been affirmed. Staley et al. v. Espenlaub et al. (Board of County Commissioners...

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