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BOARD OF EDUCATION, ETC. v. WOODMEN OF THE WORLD

No. 1159.

77 F.2d 31 (1935)

BOARD OF EDUCATION OF VILLAGE OF ESTANCIA, SCHOOL DIST. NO. 7 OF TORRANCE COUNTY, N. M., v. WOODMEN OF THE WORLD.

Circuit Court of Appeals, Tenth Circuit.

April 10, 1935.

Attorney(s) appearing for the Case

W. C. Reid, of Albuquerque, N. Mex., and Fred H. Ayers, of Estancia, N. Mex. (Reid & Iden, of Albuquerque, N. Mex., on the brief), for appellant.

Carl H. Gilbert, of Santa Fé, N. Mex. (John L. Schweigert, of Denver, Colo., and M. W. Hamilton, of Santa Fé, N. Mex., on the brief), for appellee.

Before LEWIS and McDERMOTT, Circuit Judges, and KENNEDY, District Judge.

McDERMOTT, Circuit Judge.

Plaintiff below — appellee here — brought this action at law upon bonds issued by appellant. After issue joined, the cause was tried to the court without a jury. Judgment went for plaintiff. The bill of exceptions contains stipulations of evidentiary facts. The trial court made special findings, among them that the facts stipulated are true; that except as so stipulated, allegations of new matter in the answer are

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