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HOFFSTOT v. DICKINSON

No. 5679.

166 F.2d 36 (1948)

HOFFSTOT v. DICKINSON et al.

Circuit Court of Appeals, Fourth Circuit.

February 19, 1948.

Attorney(s) appearing for the Case

John B. Gordon, of Pittsburgh, Pa., and Robert W. Lawson, Jr., of Charleston, W. Va. (Steptoe & Johnson, of Charleston, W. Va., and Reed, Smith, Shaw & McClay, of Pittsburgh, Pa., on the brief), for appellant.

Charles C. Wise and Hillis Townsend, both of Charleston, W. Va. (John V. Ray, J. Hunter McClintic, Payne, Minor & Ray, Townsend & Townsend, and Campbell, McClintic & James, all of Charleston, W.Va., on the brief), for appellees.

Before PARKER, SOPER, and DOBIE, Circuit Judges.

PARKER, Circuit Judge.

This is an appeal from a judgment and decree for defendants in a suit for specific performance of an alleged contract for the conveyance of coal lands, or in the alternative to recover damages for breach of the contract. Plaintiff is one J. G. Hoffstot, a coal operator. Defendants are John L. Dickinson, J. N. Berthy, Jr. and T. J. Blair, owners of certain coal lands in Nicholas County, West Virginia, the wives of these defendants, and the Muddlety...

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