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DYE v. FARM MORTGAGE INV. CO. OF TOPEKA, KAN.

No. 1012.

70 F.2d 514 (1934)

DYE et al. v. FARM MORTGAGE INV. CO. OF TOPEKA, KAN.

Circuit Court of Appeals, Tenth Circuit.

April 23, 1934.

Attorney(s) appearing for the Case

Frank G. Drenning, of Topeka, Kan., for appellants.

Otis S. Allen, of Topeka, Kan. (Allen & Allen and Sloan, Hamilton & Sloan, all of Topeka, Kan., on the brief), for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

PHILLIPS, Circuit Judge.

On the 30th day of June, 1933, the court entered an order sustaining a demurrer to the amended petition and giving the plaintiffs 15 days to file a second amended petition. On July 8, 1933, the plaintiffs filed a second amended petition. On the 31st day of October, 1933, the court entered an order striking the second amended petition from the files.

The plaintiffs have undertaken to appeal from the last-mentioned order. Such order...

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