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PIKE RAPIDS POWER CO. v. MINNEAPOLIS, ST. P. & S. S. M. RY. CO.

No. 11517.

106 F.2d 891 (1939)

PIKE RAPIDS POWER CO. v. MINNEAPOLIS, ST. P. & S. S. M. RY. CO.

Circuit Court of Appeals, Eighth Circuit.

October 23, 1939.

Attorney(s) appearing for the Case

James G. Nye, of Duluth, Minn. (Gillette, Nye, Harries & Montague, of Duluth, Minn., on the brief), for appellant.

James L. Hetland, of Minneapolis, Minn. (John A. Anderson, of Minneapolis, Minn., and Fryberger, Fulton & Boyle, of Duluth, Minn., on the brief), for appellee.

Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.

GARDNER, Circuit Judge.

This is an appeal from a judgment purporting to have been entered on mandate of this court. On the first appeal, the judgment of the lower court was modified and the cause remanded with directions to vacate the judgment appealed from and to enter a judgment not inconsistent with the opinion of this court. Pike Rapids Power Co. v. Minneapolis, St. P. & S. S. M. Ry. Co., 8 Cir., 99 F.2d 902. The appeal presents...

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