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

No. 12865.

206 F.2d 336 (1953)

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

United States Court of Appeals, Ninth Circuit.

Rehearing Denied September 2, 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 Consolidated, 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.

We heretofore ordered the dismissal of the supplemental complaint of appellee Fidelity in this case for absence of indispensable parties. Pioche Mines Consolidated v. Fidelity-Philadelphia Trust Co., 202 F.2d 944. In ruling on the case we neglected the issue whether the trial court's dismissal of Pioche's counterclaim was proper. Pioche petitioned for a rehearing requesting that we pass on that matter. Fidelity...

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