JUNG v. K. & D. MINING CO.

No. 12048.

260 F.2d 607 (1958)

Henry M. JUNG et al., Plaintiffs-Appellants, v. K. & D. MINING CO., Inc., et al., Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied December 16, 1958.


Attorney(s) appearing for the Case

Zeamore A. Ader, Chicago, Ill., for appellants.

Floyd F. Shields, Chicago, Ill., Samuel J. Wettrick, Seattle, Wash., for appellees.

Before MAJOR, SCHNACKENBERG and PARKINSON, Circuit Judges.


PARKINSON, Circuit Judge.

On March 25, 1957, some two years after the District Court had denied a motion of the plaintiffs to vacate an order dismissing their complaint for the reason "that no cause of action has been stated", the plaintiffs filed a written statement electing to stand on their complaint, as amended. The District Court thereupon entered an order dismissing plaintiffs' cause of action. This appeal followed.

The complaint, as amended, is in two...

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