WATSABAUGH & CO. v. SEABOARD SURETY CO.

No. 9110.

106 F.2d 355 (1939)

WATSABAUGH & CO. v. SEABOARD SURETY CO. et al.

Circuit Court of Appeals, Ninth Circuit.

August 31, 1939.


Attorney(s) appearing for the Case

William J. Hotz and Hotz & Hotz, all of Omaha, Neb., and R. F. Gaines, of Butte, Mont., for appellants.

Munger & Rhodes, of Omaha, Neb., and John G. & William A. Brown, of Helena, Mont., for appellees.

Before DENMAN, MATHEWS, and STEPHENS, Circuit Judges.


DENMAN, Circuit Judge.

Appellants, plaintiffs below, moved the District Court for a new trial after judgment had been entered in their suit under the so-called Heard Act, 40 U.S.C.A. § 270.

On appeal here their "Statement of Points Intended to be Relied Upon" confined the appeal to the single claim that the District Court erred in denying the motion because the "testimony given upon the trial of this cause by its legal effect entitled them to relief which...

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