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HAMMON CONSOLIDATED GOLD FIELDS v. POWELL

Nos. 6024, 6025.

40 F.2d 317 (1930)

HAMMON CONSOLIDATED GOLD FIELDS v. POWELL. SAME v. POWELL et al.

Circuit Court of Appeals, Ninth Circuit.

April 28, 1930.

Attorney(s) appearing for the Case

O. D. Cochran, of Nome, Alaska, and Pillsbury, Madison & Sutro, of San Francisco, Cal. (Alfred Sutro and Eugene M. Prince, both of San Francisco, Cal., of counsel), for appellant.

Thomas R. Lyons and Ira D. Orton, both of Seattle, Wash., for appellees.

Before DIETRICH and WILBUR, Circuit Judges, and NETERER, District Judge.

DIETRICH, Circuit Judge.

In legal posture these two cases are substantially the same and arise upon the identical contract considered in Hammon Con. G. Fields v. Powell (C. C. A.) 32 F.2d 855, qualifying opinion on petition for rehearing (C. C. A.) 33 F.2d 898. In that case was involved only the minimum annual payment due December 1, 1927, and we held that, inasmuch as appellant had not attempted...

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