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ESSINGTON v. PARISH

No. 9037.

164 F.2d 725 (1947)

ESSINGTON v. PARISH.

Circuit Court of Appeals, Seventh Circuit.

Rehearing Denied December 18, 1947.

Attorney(s) appearing for the Case

Ralph F. Huck and Perry M. Chadwick, both of Chicago, for appellant.

Otis F. Glenn, Raymond G. Real, Otto W. Barnes, Irving Herriott and W. Ward Smith, all of Chicago (Raymond G. Real, of Chicago, of counsel), for appellee.

Before MAJOR and KERNER, Circuit Judges, and BRIGGLE, District Judge.

KERNER, Circuit Judge.

Plaintiff sued Parish and others to recover damages alleged to have been suffered by Missouri-Kansas Pipe Line Company (hereinafter called Mo-Kan) through various acts of negligence, fraud and mismanagement of Mo-Kan by Frank P. Parish, Ralph B. Mayo, Ralph G. Crandall and others. Parish filed an answer and a counterclaim. By the counterclaim he sought to enjoin the prosecution of plaintiff's suit. He set up three affirmative defenses: (1) that...

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