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KIMBERLY COAL CO. v. DOUGLAS

No. 5582.

45 F.2d 25 (1930)

KIMBERLY COAL CO. v. DOUGLAS et al.

Circuit Court of Appeals, Sixth Circuit.

November 5, 1930.

Attorney(s) appearing for the Case

L. M. G. Baker, of Knoxville, Tenn. (T. S. Webb and M. W. Egerton, both of Knoxville, Tenn., on the brief), for appellant.

Joseph S. Graydon, of Cincinnati, Ohio (Joseph L. Lackner, John R. Schindel, John S. Bachman, Maxwell & Ramsey, and Waite, Schindel & Bayless, all of Cincinnati, Ohio, on the brief), for appellees.

Before DENISON, HICKS, and HICKENLOOPER, Circuit Judges.

HICKENLOOPER, Circuit Judge.

This is an appeal from the decision of the District Court refusing to allow, except to the amount of $6,418.32, a claim, filed by appellant with the appellees as receivers of the Jewett, Bigelow & Brooks Coal Company and the J. B. Stores Company, which claim covered damages arising from the breach of a lease of a coal mine, by the Kimberly Coal Company to the Kimberly Mining Company, the due performance of which, as will later appear...

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