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WEST v. AMERICAN TEL. & TEL. CO.

Nos. 8140, 8141.

121 F.2d 142 (1941)

WEST et al. v. AMERICAN TEL. & TEL. CO. AMERICAN TEL. & TEL. CO. v. WEST et al.

Circuit Court of Appeals, Sixth Circuit.

June 25, 1941.

Attorney(s) appearing for the Case

Harry L. Deibel, of Cleveland, Ohio, for Chas. Peyton West et al.

William B. Cockley, of Cleveland, Ohio, for American Tel. & Tel. Co.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

ALLEN, Circuit Judge.

Upon the former hearing of these cases (6 Cir., 108 F.2d 347), this court held that recovery must be denied, as the plaintiffs' bill was not timely filed, and therefore the court did not consider the questions of res judicata, acceleration of remainder, and measure of damages. The Supreme Court reversed the decision of this court (311 U.S. 223, 61 S.Ct. 179, 185, 85 L.Ed. 139,...

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