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FREEMAN v. SMITH

No. 6923.

62 F.2d 291 (1932)

FREEMAN v. SMITH.

Circuit Court of Appeals, Ninth Circuit.

December 12, 1932.

Attorney(s) appearing for the Case

H. L. Faulkner, of Juneau, Alaska, and Lund & Lund, of Seattle, Wash., for appellant.

John Rustgard, Atty. Gen., of Alaska, for appellee.

Pillsbury, Madison & Sutro, F. D. Madison and L. B. Groezinger, all of San Francisco, Cal., amici curiæ.

Before WILBUR and SAWTELLE, Circuit Judges, and CAVANAH, District Judge.

WILBUR, Circuit Judge.

This is a second appeal in this case. The former one was from a decree of dismissal after the court had sustained a demurrer to the bill of complaint based upon the ground that the facts alleged did not state a cause of action. Freeman v. Smith, 44 F.2d 703, 704. After the case had been remanded to the lower court, the defendant, Smith, treasurer of the territory of Alaska, filed an answer denying the allegation...

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