EL PASO & S. W. R. CO. v. PHELPS-DODGE MERCANTILE CO.

Nos. 7341-7343.

75 F.2d 873 (1935)

EL PASO & S. W. R. CO. v. PHELPS-DODGE MERCANTILE CO., and three other cases.

Circuit Court of Appeals, Ninth Circuit.

February 11, 1935.


Attorney(s) appearing for the Case

Alexander B. Baker and Louis B. Whitney, both of Phœnix, Ariz., and James E. Lyons and Burton Mason, both of San Francisco, Cal., for appellants.

Fred J. Elliott and Frank L. Snell, Jr., both of Phœnix, Ariz., for appellees.

Before WILBUR and GARRECHT, Circuit Judges.


GARRECHT, Circuit Judge.

Involving similar facts and almost identical questions of law, these three appeals have been prosecuted for the purpose of having this court review judgments rendered in actions at law in which the appellants were defendants and the appellees were plaintiffs.

Because of such similarities, our observations herein, unless otherwise indicated, will apply equally to all three cases.

During the period between April 30, 1923, and...

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