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WHITEBIRD v. EAGLE-PICHER LEAD CO.

No. 130.

40 F.2d 479 (1930)

WHITEBIRD et al. v. EAGLE-PICHER LEAD CO. et al.

Circuit Court of Appeals, Tenth Circuit.

April 4, 1930.

Attorney(s) appearing for the Case

C. B. Ames, of Oklahoma City, Okl. (M. A. Whipple, of Tulsa, Okl., and B. A. Ames, of Oklahoma City, Okl., on the brief), for appellants.

Atlee Pomerene, of Cleveland, Ohio, and A. E. Spencer, of Joplin, Mo. (A. C. Wallace, of Miami, Okl., and Squire, Sanders & Dempsey, of Cleveland, Ohio, on the brief), for appellees Eagle-Picher Lead Co., Underwriters' Land Co., Consolidated Lead & Zinc Co., and Cortez-King Brand Mines Company.

Vern E. Thompson, of Miami, Okl., for appellees Childress Lead & Zinc Co., Black Eagle Mining Co., Frank Childress, Trustee, Lihme Zinc Co., Commonwealth Mining Co., and Whitebird Mining Company.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

PHILLIPS, Circuit Judge.

The appellants brought this suit to cancel three mining leases made on August 1, 1922, by Albert B. Fall as Secretary of the Interior, in behalf of the appellants, to The Eagle-Picher Lead Company, a corporation. Two grounds for relief are set up: First, that the leases were obtained through fraud and for a grossly inadequate consideration. Second, that the leases were not signed by appellants and that the Secretary of the Interior was without...

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