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SMITH ENGINEERING CO. v. RICE

Nos. 8400, 8401.

102 F.2d 492 (1938)

SMITH ENGINEERING CO. v. RICE. SMITH ENGINEERING CO. et al. v. SAME. In re LAUREL OIL & REFINING CO.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied March 13, 1939.

Attorney(s) appearing for the Case

Sterling M. Wood, of Billings, Mont., and William H. Hunt and Wallace Sheehan, both of San Francisco, Cal. (Albert I. Beach, of Kansas City, Mo., of counsel), for appellants.

H. J. Coleman, of Billings, Mont., and M. S. Gunn and Carl Rasch, both of Helena, Mont., for appellee.

Marshall Beach, of Kansas City, Mo., for appellants on petition for rehearing.

Charles De Y. Elkus, Tadini Bacigalupi, and Herbert H. Salinger, all of San Francisco, Cal., for appellee on petition for rehearing.

Before GARRECHT, MATHEWS, and HANEY, Circuit Judges.

HANEY, Circuit Judge.

Appeal has been taken from a decree dismissing a suit brought by Smith Engineering Company, a Pennsylvania corporation, hereinafter referred to as the company, to foreclose a mechanics lien on real property in Montana, and from a judgment for plaintiff in an action brought by Laurel Oil and Refining Company, hereinafter called the refiner, against the company and American Surety Company of New York, hereinafter called the surety, to recover damages...

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