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MORSE v. LEWIS

No. 3221.

54 F.2d 1027 (1932)

MORSE v. LEWIS et al.

Circuit Court of Appeals, Fourth Circuit.

January 12, 1932.

Attorney(s) appearing for the Case

Henry Simms, of Huntington, W. Va., and Hite H. Huffaker, of Louisville, Ky. (Charles F. Guenther, Jr., of San Antonio, Tex., on the brief), for appellant.

Robert S. Spilman and George E. Price, both of Charleston, W. Va. (Price, Smith & Spilman, of Charleston, W. Va., on the brief), for appellees.

Before PARKER and SOPER, Circuit Judges, and BAKER, District Judge.

SOPER, Circuit Judge.

The bill of complaint in this suit in equity set up a claim of title to the same tract of 20,000 acres of land in Kanawha county, W. Va., as was the subject of the suit of McMullen v. Lewis, 32 F.2d 481, decided by this court on April 9, 1929. The claim in each case rested upon substantially the same allegations of fact, and in each the sufficiency of the allegations was challenged by a motion to dismiss the...

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