Presidio Mining Co. v. Overton
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for the Southern Division of the Northern District of California; William C. Van Fleet, Judge. Suit in equity by W. S. Overton and another against the Presidio Mining Company and others.
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Appeal from the District Court of the United States for the Southern Division of the Northern District of California; William C. Van Fleet, Judge. Suit in equity by W. S. Overton and another against the Presidio Mining Company and others. From an order confirming the final account of the receiver, and allowing compensation to him and his counsel, to be deducted from the funds in his hands, but reserving the question of taxing such compensation against the plaintiffs until final decree, defendants appeal. Appeal dismissed.
1Opinion of the Court
HUNT, Circuit Judge.
The history of the litigation out of which the present appeal- arises is in Presidio Mining Co. v. Overton et al. (C. C. A.) 261 Fed. 933, Presidio Mining Co. v. Overton et al. (C. C. A.) 270 Fed. 388, and Martin v. Presidio Mining Co., 256 U. S. 694, 41 Sup. Ct. 535, 65 L. Ed. 1175. It is herein sufficient to state that the suit was by Overton and Martin, on behalf of themselves and other minority stockholders of the mining company, against the mining company, Noyes, and others, to establish a trugt, and recover for the corporation certain mining property known as section…
2Cases cited11 opinions
- Palmer v. TexasSupreme Court of the United States · 1909
- Sage v. Memphis & Little Rock RailroadSupreme Court of the United States · 1888
- Stuart v. BoulwareSupreme Court of the United States · 1890
- Ephraim v. Pacific BankCalifornia Supreme Court · 1900
- Sullivan Timber Co. v. BlackSupreme Court of Alabama · 1909
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3Cited by3 opinions
- Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1928
- First Nat. Bank v. Southern Cotton Oil Co.Court of Appeals for the Fifth Circuit · 1936
- Mintzer v. Arthur L. Wright & Co.District Court, E.D. Pennsylvania · 1959