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ORVIS v. GEORGE

No. 5862.

47 F.2d 1045 (1931)

ORVIS et al. v. GEORGE et al.

Circuit Court of Appeals, Fifth Circuit.

March 23, 1931.

Attorney(s) appearing for the Case

Raymond M. Myers, of Wichita Falls, Tex. (Wm. H. Jack, Jr., and Saner, Saner & Jack, all of Dallas, Tex., on the brief), for appellants.

Arch Dawson and John C. Kay, both of Wichita Falls, Tex. (John C. Kay, of Wichita Falls, Tex., on the brief), for appellees.

Before BRYAN and FOSTER, Circuit Judges, and DAWKINS, District Judge.

DAWKINS, District Judge.

This is an action at law to recover the sum of $5,206.97, alleged to be due by the defendants, as partners in the Birk-George Gin Company, and growing out of the purchase and sale of cotton for future delivery upon the New York Cotton Exchange. Plaintiffs alleged that the transactions were consummated on the order and direction of Norman Bayless, "one of the partners and as agent for the other defendants, W. F. George, C. Birk and C. E. Birk...

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