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FULLERTON CO. v. NORTHERN PACIFIC RAILWAY

Nos. 152 and 179.

266 U.S. 435 (1925)

45 S.Ct. 143

69 L.Ed. 367

FULLERTON-KRUEGER LUMBER COMPANY v. NORTHERN PACIFIC RAILWAY COMPANY ET AL.

Supreme Court of United States.

Decided January 5, 1925.

Attorney(s) appearing for the Case

Mr. P.L. Solether, with whom Mr. John Junell was on the brief, for plaintiff in error and petitioner.

Mr. Charles W. Bunn appeared for defendants in error and respondents.

MR. JUSTICE McREYNOLDS delivered the opinion of the Court.

After suing out the writ of error, No. 152, the Lumber Company obtained a certiorari, No. 179, to review the same judgment. The record plainly discloses that a right under an act of Congress was claimed below and denied. The cause is properly here by certiorari and upon it the issue can be decided. That adequate ground for the writ of error was specially set up below is not clear. It will be dismissed.

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