Chicago Directory Co. v. United States Directory Co.

LACOMBE, Circuit Judge.

The affiant Harry S. Spidell, being absent in Pittsburg, was not produced and tendered to defendants for cross-examination. For that reason his affidavit and the affidavits filed by defendants in answer to it have not been considered, and are no part of the record upon which this decision is based. They may be withdrawn by the parties presenting them.

There are many contradictions in the affidavits presented by the respective parties; but a careful review of the whole case, and an analysis of the evidence afforded by the documents on file, has clearly convinced the court…