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SPECK v. COTTONWOOD COAL CO.

No. 9623.

116 F.2d 489 (1940)

SPECK et al. v. COTTONWOOD COAL CO. et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied February 7, 1941.

Attorney(s) appearing for the Case

Joseph C. Cheney and Elwood Hutcheson, both of Yakima, Wash., and Murch & Wuerthner, of Great Falls, Mont., for appellants.

Taylor B. Weir, and Weir, Clift & Bennett, all of Helena, Mont., for appellee Cottonwood Coal Co.

Before DENMAN, MATHEWS, and HEALY, Circuit Judges.

HEALY, Circuit Judge.

The appeal is from a judgment of dismissal entered upon the granting of a motion to dismiss directed to appellants' complaint.

Appellants and two others own a body of coal land in Montana. The owners other than appellants declined to join in the suit and were made defendants.

In 1928 appellants and their co-owners, as lessors, executed a lease of the property to appellee as lessee. The complaint avers that the lessee, without...

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