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CLINCHFIELD R. CO. v. DUNN

No. 5410.

40 F.2d 586 (1930)

CLINCHFIELD R. CO. v. DUNN.

Circuit Court of Appeals, Sixth Circuit.

May 13, 1930.

Attorney(s) appearing for the Case

B. H. Taylor, of Johnson City, Tenn. (James J. McLaughlin and Cox & Taylor, all of Johnson City, Tenn., on the brief), for appellant.

Lyle Burrow, of Johnson City, Tenn., and Robert Burrow, of Bristol, Tenn. (P. A. Bonham, of Greenville, S. C., on the brief), for appellee.

Before DENISON and HICKENLOOPER, Circuit Judges, and ANDERSON, District Judge.

HICKENLOOPER, Circuit Judge.

Having instituted her action against the "Clinchfield Railroad Company, a corporate successor of the Carolina, Clinchfield & Ohio Railway Company," plaintiff subsequently filed an amended or substituted declaration against the same defendant, under the same name, but designating it as "lessee of the Carolina, Clinchfield & Ohio Railway Company," and claiming the right to hold such lessee by virtue of said lease and the statutes...

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