Miller v. Climax Molybdenum Co.

(after stating the facts as above).

■ On April 7, 1937, the Climax Molybdenum Company filed its bill of complaint in the United - States District Court against Miller and the. Colorado and Southern Railway Company, being cause here numbered 1587. It alleged the facts with reference to the written contract between Miller and the Colorado Southern Railway Company of 'July 14, 1932, herein above partly quoted; that Miller had sued that railway company in the state court for specific performance of that contract and for the appointment of a receiver of the railway company property; that to turn…