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OLYMPIA MINING CO., v. KERNS

No. 495.

236 U.S. 211 (1915)

35 S.Ct. 415

59 L.Ed. 542

OLYMPIA MINING & MILLING COMPANY, LIMITED, v. KERNS.

Supreme Court of United States.

Decided February 23, 1915.

Attorney(s) appearing for the Case

Mr. James H. Forney for defendant in error, in support of the motion.

Mr. Charles E. Miller for plaintiff in error, in opposition to the motion.

MR. CHIEF JUSTICE WHITE delivered the opinion of the court.

Concerned now only with a motion to dismiss, we limit our statement to that which is essential to decide such issue. In 1912 the Olympia Mining & Milling Company, Limited, the plaintiff in error, brought this suit to enforce a trust agreement between Kerns, the defendant in error, and one Cunningham by which it was alleged Kerns had obliged himself in 1901 to...

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