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UNITED STATES POTASH CO. v. McNUTT

No. 893.

70 F.2d 1003 (1934)

UNITED STATES POTASH CO. v. McNUTT.

Circuit Court of Appeals, Tenth Circuit.

May 22, 1934.

Attorney(s) appearing for the Case

Gurney E. Newlin, of Los Angeles, Cal. (Paul Speer, of New York City, and J. D. Atwood and L. O. Fullen, both of Roswell, N. M., on the brief), for appellant.

Carl A. Hatch, of Clovis, N. M., and James E. Taylor, of Kansas City, Mo. (James A. Reed, of Kansas City, Mo., on the brief), for appellee.

Before LEWIS, PHILLIPS, and McDERMOTT, Circuit Judges.

PER CURIAM.

For reasons stated in our opinion in this case, the last paragraph of that opinion [70 F.2d 126] is this:

"It will therefore be ordered that the judgment be reversed, and a new trial directed, unless within 60 days from the filing of this opinion, appellee files in the office of the clerk of the trial court, a remittitur of the excess of the judgment over $60,653.98, and within ten days thereafter files with the...

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