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GARBUTT v. BLANDING MINES CO.

No. 3143.

151 F.2d 764 (1945)

GARBUTT v. BLANDING MINES CO.

Circuit Court of Appeals, Tenth Circuit.

November 5, 1945.

Attorney(s) appearing for the Case

Knox Patterson and Charles M. Morris, both of Salt Lake City, Utah, for appellant.

W. David McClain, of Denver, Colo., for appellee.

Before PHILLIPS, HUXMAN and MURRAH, Circuit Judges.

MURRAH, Circuit Judge.

This case was here on a former appeal from a judgment of the trial court sustaining a motion to dismiss on the grounds that the complaint, as amended, failed to state a claim upon which relief could be granted. We held (Garbutt v. Blanding Mines Company, 10 Cir., 141 F.2d 679) the complaint sufficient on its face to state a cause of action, and remanded the case for proof.

The complaint was based upon...

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