Vallery v. Denver & R. G. R.
Court of Appeals for the Eighth Circuit
Appeal from the District Court of the United States for the District of Colorado; Robert E. Lewis, Judge. Suit in equity by George W. Vallery, as receiver of the Colorado Midland Railway Company, against the Denver & Rio Grande Railroad Company and others. Decree for defendants, and complainant appeals.
1Concurrence
SMITH, Circuit Judge.
I concur in all of the foregoing opinion, except in the reversal for failure to allow the filing of a supplemental petition as asked December 2, 1915, and the refusal of leave to file an amended complaint on the application of January 17, 1916.
In view of the history of this case including the history of Central Trust Co. v. Denver & Rio Grande R. Co., 135 C. C. A. 12, 119 Fed. 210, and the fact that the complaint was filed March 16, 1915, and the motion to dismiss was filed within three weeks thereafter, and said' motion to dismiss was not heard until October following,…
2Cases cited1 opinion
- Central Trust Co. v. Denver & R. G. R.Court of Appeals for the Eighth Circuit · 1914