v1132-603
Hon. Erskinb M. Ross, William W. Morrow and Wil-
liam H. Hunt, Judges of the Circuit Court of Ap-
peals FOR THE Ninth Circuit.
Minerals Separation Ltd. et al. vs. Butte & Su-
perior Mining' Company No. 3081.
Sirs:
Counsel for appellees in the above entitled case received
at their offices in New York City, late on April 3i'd, 1918,
from counsel for appellant, a printed document, entitled
"Oral Arguments for Appellant," with the notification that
the document had been forwarded for filing some time more
than a week earlier. This document contains a footnote to
Mr. Bull's argument, found on pages 22 and 23, and occu-
pying nearly two pages of fine print, which footnote pre-
sents discussion and argument, and attempts in effect to
present evidence, respecting certain demonstrations made
before Judges Morrow and Hunt during the forenoon of
Monday, March 11th.
It will be recalled that when Judges Morrow and Hunt
came to the Court Room at that time to see the demon-
strations there was a discussion as to what should be per-
mitted to be done. After lengthy argument the Judges
finally determined that the only demonstrations they would
permit would be reproductions of those made in the Court
below and described in the record, and that there should
be no debate, discussion or argument whatsoever in respect
thereof, and no explanations beyond references to and
archive.org Volume Name: govuscourtsca9briefs1132
Volume: http://archive.org/stream/govuscourtsca9briefs1132
Document Link: http://archive.org/stream/govuscourtsca9briefs1132#page/n602/mode/1up
Top Keywords (auto-generated):
oil, froth, below, bull, footnote, pine, kerosene, higgins, experiments, demonstrations, patent, mineral, argument, vol, qs
Top Key Phrases (auto-generated):
pine oil, bar mixer, oral argument, kerosene oil, mineral carrying, higgins vol., petroleum products, metallurgically useless, tar oil, pine tar, ore concentrating, oil experiment, mixer experiments, mixer demonstrations, judges morrow
Document Status: UGLY