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MILLER v. CLIMAX MOLYBDENUM CO.

Nos. 1587, 1588.

96 F.2d 254 (1938)

MILLER v. CLIMAX MOLYBDENUM CO. SOUTH PARK R. CO. v. SAME.

Circuit Court of Appeals, Tenth Circuit.

April 18, 1938.

Attorney(s) appearing for the Case

Victor A. Miller, of Denver, Colo., pro se (Thomas Keely, Rodney J. Bardwell, Jr., Robert S. Palmer, and Erskine R. Myer, all of Denver, Colo., on the brief), for appellants.

Walter E. Schwed, of Denver, Colo. (Barney L. Whatley, of Denver, Colo., on the brief), for appellee.

Before LEWIS, PHILLIPS, and WILLIAMS, Circuit Judges.

LEWIS, Circuit Judge (after stating the facts as above).

On April 7, 1937, the Climax Molybdenum Company filed its bill of complaint in the United States District Court against Miller and the Colorado and Southern Railway Company, being cause here numbered 1587. It alleged the facts with reference to the written contract between Miller and the Colorado Southern Railway Company of July 14, 1932, herein above partly quoted; that Miller had sued that railway company...

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