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SUBURBAN IMPROVEMENT CO. v. SCOTT LUMBER CO.

No. 3505.

67 F.2d 335 (1933)

SUBURBAN IMPROVEMENT CO. v. SCOTT LUMBER CO.

Circuit Court of Appeals, Fourth Circuit.

October 21, 1933.

Attorney(s) appearing for the Case

John A. Howard, of Wheeling, W. Va. (Howard & Howard, of Wheeling, W. Va., on the brief), for appellant.

Frank W. Nesbitt, of Wheeling, W. Va. (Russell G. Nesbitt, of Wheeling, W. Va., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This is the second appeal in this case. On the first, we held the supplemental bill good as setting forth grounds for specific performance under one contract and for removal as cloud from title of lien asserted under another. 59 F.2d 711. On the hearing following remand, the District Court entered decree removing the cloud of which complaint was made, but specific performance was denied and complainant has again...

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