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PIOCHE MINES CONSOL. v. FIDELITY-PHILADELPHIA TRUST CO.

No. 12865.

202 F.2d 944 (1953)

PIOCHE MINES CONSOL., Inc. et al. v. FIDELITY-PHILADELPHIA TRUST CO. et al.

United States Court of Appeals Ninth Circuit.

March 23, 1953.

Attorney(s) appearing for the Case

H. R. Cooke and Thomas A. Cooke, Reno, Nev., Francis T. Cornish, Berkeley, Cal., for appellant, Pioche Mines Consol., Inc.

Douglas A. Busey, Reno, Nev., for appellant, Pioche Mines Co.

Francis T. Cornish, Berkeley, Cal., for appellant, John Janney.

Bruce R. Thompson, Reno, Nev., for appellant, Richard K. Baker.

William J. Forman, Reno, Nev., J. Tyson Stokes and Thomas B. K. Ringe, Philadelphia, Pa., for appellee.

Before STEPHENS, HEALY, and BONE, Circuit Judges.

HEALY, Circuit Judge.

This is an appeal from a summary judgment granted on motion of Fidelity-Philadelphia Trust Company, plaintiff below, and from the dismissal of a complaint in intervention of Baker and a counterclaim of Pioche Mines Consolidated and its president, Janney, who were defendants.

Pioche Mines Consolidated, a Nevada corporation, hereafter referred to as Consolidated, was formed in 1928 to hold the...

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