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EARNEST v. MOGOLLON CONSOL. MINES CO.

No. 8543.

93 F.2d 315 (1937)

EARNEST v. MOGOLLON CONSOL. MINES CO. et al.

Circuit Court of Appeals, Fifth Circuit.

December 20, 1937.

Attorney(s) appearing for the Case

Nathaniel Jacks and John Davis, both of Dallas, Tex., for appellant.

Benj. L. Bird, Alfred McKnight, and Warren Scarborough, all of Fort Worth, Tex., Neth L. Leachman, of Dallas, Tex., and Michael Nagle, Maury Kemp, and Eugene R. Smith, all of El Paso, Tex., for appellees.

Before HUTCHESON and HOLMES, Circuit Judges, and STRUM, District Judge.

HOLMES, Circuit Judge.

This appeal is from a decree denying recovery and dismissing appellant's bill in a proceeding to compel the payment of 5 per cent. of the value of ore concentrates sold by Mogollon Consolidated Mines Company.

On April 23, 1935, Anderson, Barrett, and appellant agreed to advance $25,000 to the Mogollon Consolidated Mines Company, Anderson and appellant agreeing to furnish $5,000 each, and Barrett agreeing to furnish $15,000. At that time...

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