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STEEL & TUBE CO. OF AMERICA v. DINGESS RUM COAL CO.

No. 2423.

11 F.2d 92 (1926)

STEEL & TUBE CO. OF AMERICA v. DINGESS RUM COAL CO.

Circuit Court of Appeals, Fourth Circuit.

January 12, 1926.

Attorney(s) appearing for the Case

J. Gilbert Hardgrove, of Milwaukee, Wis. (Arthur W. Fairchild, of Milwaukee, Wis., Harold A. Ritz, of Charleston, W. Va., Miller, Mack & Fairchild, of Milwaukee, Wis., and Brown, Jackson & Knight, of Charleston, W. Va., on the brief), for appellant.

Douglas W. Brown, of Huntington, W. Va. (Rolla D. Campbell and Fitzpatrick, Brown & Davis, all of Huntington, W. Va., on the brief), for appellee.

Before ROSE and PARKER, Circuit Judges, and WATKINS, District Judge.

ROSE, Circuit Judge.

The Dingess Rum Coal Company, the appellee, a West Virginia corporation, was the plaintiff in the District Court, and the appellant, the Steel & Tube Company of America, a Delaware corporation, was the defendant. The parties will be here referred to by the positions they occupied in the court below. The plaintiff there recovered a decree against the defendant for $94,437.82 for royalties and interest thereon. Admittedly the main, and as we...

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