AKE v. WALES

No. 6985.

84 F.2d 989 (1936)

H. Ross AKE, Receiver, etc., Appellants, v. Horatio W. WALES, Appellee.

Circuit Court of Appeals, Sixth Circuit.

May 13, 1936.


Attorney(s) appearing for the Case

Kenneth B. Cope, of Canton, Ohio, for appellants.

Arthur A. Miller, of Cleveland, Ohio, and Merle D. Evans, of Massillon, Ohio, for appellee.

Before MOORMAN, SIMONS, and ALLEN, Circuit Judges.


PER CURIAM.

Sufficient facts not being alleged in the bill of complaint or stated in the affidavits filed in support thereof to constitute a cause of action, it is ordered that the decree of injunction be set aside and the cause remanded, with permission to the appellee to amend his bill, if he can or wishes to do so, to state a cause of action, and, should he file such amendment, for proceedings thereafter according to the equity...

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