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BAKER v. SPOKANE SAV. BANK

No. 7361.

71 F.2d 487 (1934)

BAKER et al. v. SPOKANE SAV. BANK et al. SMITH et al. v. SAME.

Circuit Court of Appeals, Ninth Circuit.

June 4, 1934.

Attorney(s) appearing for the Case

John P. Gray and W. F. McNaughton, both of Coeur d'Alene, Idaho, and R. W. Nuzum, of Spokane, Wash., for appellants Baker et al.

Fred B. Morrill, of Spokane, Wash., for appellants Smith et al.

E. J. Farley and B. A. Farley, both of Spokane, Wash., for appellee Spokane Savings & Loan Soc.

R. P. Oldham and Simon Wampold, Jr., both of Seattle, Wash., for other appellees.

Before WILBUR and SAWTELLE, Circuit Judges, and ST. SURE, District Judge.

WILBUR, Circuit Judge.

This is an appeal from a decree dismissing stockholders' bill in equity. The court predicated the dismissal upon the ground that the bill on its face shows laches. The motion to dismiss was also based on the ground that the bill did not state facts sufficient to constitute a cause of action. Consequently, this point is also presented by the appeal from the decree. The appellee does not question the sufficiency of the facts alleged in the bill...

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