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FISHER FLOURING MILLS CO. v. VIERHUS

Nos. 7938, 7940, 7939.

78 F.2d 889 (1935)

FISHER FLOURING MILLS CO. v. VIERHUS. CENTENNIAL FLOURING MILLS CO. v. SAME. RITZVILLE FLOURING MILLS v. SAME.

Circuit Court of Appeals, Ninth Circuit.

Supplemental Opinion, August 27, 1935.

Attorney(s) appearing for the Case

Venables, Graham & Howe and McMicken, Ramsey, Rupp & Schweppe, both of Seattle, Wash., for appellant Fisher Flouring Mills Co.

Shorts & Hartson, Wakefield & Witherspoon, and McMicken, Ramsey, Rupp & Schweppe, all of Seattle, Wash., for appellants Ritzville Flouring Mills and Centennial Flouring Mills Co.

J. Charles Dennis, U. S. Atty., and Owen P. Hughes, Asst. U. S. Atty., and Thomas R. Winter, Sp. Atty., Bureau of Internal Revenue, all of Seattle, Wash., for appellee.

Before GARRECHT, DENMAN, and MATHEWS, Circuit Judge.

GARRECHT, Circuit Judge.

A verified application for a temporary injunction pending appeal has been filed in this court by each of the appellants herein. The applications are identical in form and are here being considered jointly.

On July 1, 1935, separate bills of complaint and petitions for declaratory judgments were filed in these causes in the District Court of the United States for the Western District of Washington, Southern Division, by the appellants...

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