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BOEHMER COAL CO. v. BURTON COAL CO.

No. 6596.

2 F.2d 526 (1924)

BOEHMER COAL CO. v. BURTON COAL CO.

Circuit Court of Appeals, Eighth Circuit.

November 22, 1924.

Attorney(s) appearing for the Case

Rhodes E. Cave, of St. Louis, Mo. (Bryan, Williams & Cave, of St. Louis, Mo., on the brief), for plaintiff in error.

Grover C. Niemeyer, of Chicago, Ill. (Maclay Hoyne, of Chicago, Ill., Ropiequet & Ropiequet, of East St. Louis, Ill., and Spencer & Donnell, of St. Louis, Mo., on the brief), for defendant in error.

Before STONE and KENYON, Circuit Judges, and KENNEDY, District Judge.

KENNEDY, District Judge.

The defendant in error, plaintiff in the court below, instituted suit against the plaintiff in error, defendant there, for damages growing out of the alleged breach of two contracts for the purchase and sale of coal. Under these contracts the plaintiff in error was the seller, and defendant in error, the purchaser. After issue was joined, the case was tried to the court without the intervention of a jury, and the trial court found for the...

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