Merriam

This is an appeal from an order denying a motion for leave to file a complaint in intervention. The parties to the original suit were Mahlon P. Bryan, plaintiff, and Henry C. Cutting, Buzzard Hill Mine, Inc., a corporation, Spencer K. Mulford, and John Doe, defendants. The original hill was filed February 18, 1926; the answer of the defendant Cutting was filed April 17,1926; the answer of the defendant Mulford, August” 18, 1926; and the answer of the corporation, August 20, 1926. November 1, 1926, the interlocutory decree was entered, adjudging that the defendant Cutting held certain property in trust for the defendant corporation, directing him to make conveyances thereof to the corporation, and to satisfy certain liens thereon, making permanent the temporary injunction theretofore granted, ordering a reference to a master to .take an accounting, and appointing a receiver to take charge of the property pending further proceedings. March 18, 1929, the interlocutory decree was affirmed by this court, with slight modifications not now material. Cutting v. Bryan, 30 F.(2d) 754 . Reference is made to the opinion then filed for a more complete statement of the ease.

It will thus be…