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BARNES v. BOYD

No. 3694.

73 F.2d 910 (1934)

BARNES v. BOYD et al.

Circuit Court of Appeals, Fourth Circuit.

November 19, 1934.

Attorney(s) appearing for the Case

J. Franklin Fairleigh, of Louisville, Ky. (Fairleigh & Fairleigh, of Louisville, Ky., on the brief), for appellant.

Robert S. Spilman, of Charleston, W. Va. (George E. Price, Herbert L. Carney, Conley & Klostermeyer, Brown, Jackson & Knight, Harold A. Ritz, B. J. Pettigrew, MacCorkle, Clark & MacCorkle, and Koontz, Hurlbutt & Revercomb, all of Charleston, W. Va., on the brief), for appellees.

Before PARKER and SOPER, Circuit Judges, and MYERS, District Judge.

PER CURIAM.

This suit in equity brought before the District Court for the third time the claim that the heirs at law of William A. McMullen, who died intestate in 1872, were deprived of large tracts of land in Kanawha county, W. Va., by an arbitration award in 1876 and a judgment of the circuit court of that county based thereon in 1877, which, it is alleged, were wrongfully obtained through a fraudulent conspiracy. The first suit was brought by Nelson V. McMullen...

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