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FRIEDRICHSEN v. GUARANTY TRUST CO. OF NEW YORK

Nos. 5936, 5937.

39 F.2d 859 (1930)

FRIEDRICHSEN v. GUARANTY TRUST CO. OF NEW YORK et al.

Circuit Court of Appeals, Ninth Circuit.

April 7, 1930.

Attorney(s) appearing for the Case

Ernest C. Griffith, Haight, Mathes & Sheppard, and James C. Sheppard, all of Los Angeles, Cal., for appellant.

Ayres, Gardiner & Pike and W. M. Gardiner, all of Reno, Nev., and Davis, Polk, Wardwell, Gardiner & Reed and T. O. Fitz-Gibbon, all of New York City, for appellee complainant.

Cooke, Stoddard & Hatton, of Tonopah, Nev., and H. R. Cooke, of Reno, Nev., for appellee Cole.

Before RUDKIN, DIETRICH, and WILBUR, Circuit Judges.

WILBUR, Circuit Judge.

Two appeals were taken by the intervener, one from a decree of foreclosure and another from an order confirming a sale made in pursuance of the foreclosure of certain mining property situate in the state of Nevada. It is admitted that the Tonopah Extension Mining Company, which will hereafter be referred to as the mining company, defaulted in an installment of the interest due upon the mortgage in January, 1928. This default was agreed upon...

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