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OLDHAM v. CHICAGO & N. W. RY. CO.

No. 9076.

52 F.2d 111 (1931)

OLDHAM v. CHICAGO & N. W. RY. CO. et al.

Circuit Court of Appeals, Eighth Circuit.

August 27, 1931.

Attorney(s) appearing for the Case

Gale B. Braithwaite, of Sioux Falls, S. D. (U. S. G. Cherry, Holton Davenport, and J. F. Wickhem, all of Sioux Falls, S. D., and Windsor Doherty, of Winner, S. D., on the brief), for appellant.

Irwin A. Churchill, of Huron, S. D. (Lewis Benson, of Flandreau, S. D., on the brief), for appellees.

Before KENYON and BOOTH, Circuit Judges, and DEWEY, District Judge.

DEWEY, District Judge.

Relief in the nature of specific performance of a contract was asked by complainant, Harold A. Oldham, as against the defendants, Chicago & North Western Railway Company, a corporation, and Pioneer Town Site Company, a corporation. The contract relied upon recites:

"Whereas the Pioneer Town Site Company, a corporation of the State of Nebraska, is engaged in the business of purchasing lands and laying out town sites along the lines...

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