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MILLER v. SMITH

No. 6474.

1 F.2d 292 (1924)

MILLER v. SMITH.

Circuit Court of Appeals, Eighth Circuit.

August 14, 1924.

Attorney(s) appearing for the Case

W. J. Orr, of Springfield, Mo. (Nat W. Benton, of Springfield, Mo., on the brief), for plaintiff in error.

C. Orrick Bishop, of St. Louis, Mo. (Wm. A. Kinnerk, of St. Louis, Mo., on the brief), for defendant in error.

Before SANBORN and KENYON, Circuit Judges, and BOOTH, District Judge.

BOOTH, District Judge.

This is an action for damages for wrongful and malicious attachment. Briefly the facts leading up to the present suit, and appearing upon the trial without substantial dispute, are as follows:

In September, 1919, Miller bought from Smith 109 shares of stock in the Bank of Greene County at Springfield, Mo. He also bought at the same time 100 shares from Smith's sons, and 35 shares from other parties, making 244 out of a total of 250 shares...

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