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ATWATER v. NORTH AMERICAN COAL CORPORATION

No. 224.

111 F.2d 125 (1940)

ATWATER v. NORTH AMERICAN COAL CORPORATION et al.

Circuit Court of Appeals, Second Circuit.

April 8, 1940.

Attorney(s) appearing for the Case

Henry S. Miller, of New York City, for appellant.

Hodges, Reavis, Pantaleoni & Downey, of New York City (C. Frank Reavis and Martin D. Jacobs, both of New York City, of counsel), for appellees.

Before SWAN, CLARK, and PATTERSON, Circuit Judges.

PER CURIAM.

The plaintiff's complaint was in four counts. In each count the effort was made to charge the defendants with joint liability. On motion by the defendants to dismiss for failure to state a claim, the district court ordered the first and fourth counts dismissed as to the defendants Taplin and Larsen without leave to amend, and the first count dismissed as to the defendant North American Coal Corporation with leave to amend. The appeal is by the plaintiff...

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