Collishaw v. American Smelting & Refining Co.

This is an appeal by plaintiffs from a judgment of the district court dismissing plaintiffs’ action following an order sustaining defendants’ separate motions to strike from the files plaintiffs’ entire second amended complaint.

On March 26, 1945, plaintiffs filed their first amended complaint in which they sought to recover $140,000 as damages resulting from an alleged conspiracy between the defendants whereby plaintiffs allege they were prevented from carrying out profitable mining operations under a lease between plaintiffs, decedent Howard B. Collishaw and S. C. Kennett as lessees and the…