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WOODRUFF v. HEISER

No. 3052.

150 F.2d 869 (1945)

WOODRUFF et al. v. HEISER.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied September 4, 1945.

Attorney(s) appearing for the Case

Louis A. Fischl and Thos. W. Champion, both of Ardmore, Okl. (H. A. Ledbetter, of Ardmore, Okl., on the brief), for appellants.

Leonard J. Meyberg and Rupert B. Turnbull, both of Los Angeles, Cal. (T. G. Gibson, of Ardmore, Okl., on the brief), for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

BRATTON, Circuit Judge.

This is an appeal from a judgment allowing a claim in bankruptcy. A brief statement of the background may be helpful in understanding the manner in which the questions for determination arise. In 1935, M. E. Heiser sued Leonard J. Woodruff and others in the United States Court for Southern California. It was alleged in the complaint that plaintiff had been and was engaged in the business of mining and marketing raw gems, particularly emeralds...

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