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AMERICAN SMELTING & REFINING CO. v. SUTYAK

No. 3763.

175 F.2d 123 (1949)

AMERICAN SMELTING & REFINING CO. v. SUTYAK et al.

United States Court of Appeals Tenth Circuit.

May 9, 1949.

Attorney(s) appearing for the Case

Godfrey Nordmark, Denver, Colo. (Edgar McComb, Albert E. Zarlengo, and John C. Mott, Denver, Colo., were with him on the brief), for appellant.

Charles J. Moynihan, Montrose, Colo. (Moynihan-Hughes-Sherman, Montrose, Colo., were with him on the brief), for appellees.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.

BRATTON, Circuit Judge.

Andrew Sutyak, Thomas Harley Cline, Carl Berry, Alva Smith, Wilbur N. Carkhuff, and Della M. Carkhuff instituted this action against The American Smelting and Refining Company for the recovery of damages. The cause of action pleaded in the amended complaint was that for a valuable consideration the defendant was engaged in transporting and furnishing transportation for plaintiffs Sutyak, Cline, Berry...

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