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BOATMEN'S BANK v. ATCHISON

No. 6532.

2 F.2d 972 (1924)

BOATMEN'S BANK v. ATCHISON, T. & S. F. RY. CO.

Circuit Court of Appeals, Eighth Circuit.

December 5, 1924.

Attorney(s) appearing for the Case

J. L. London and Walter H. Saunders, both of St. Louis, Mo. (Sears Lehmann, Leahy, Saunders & Walther, and Lehmann & Lehmann, all of St. Louis, Mo., on the brief), for plaintiff in error.

Homer W. Davis, of Chicago, Ill., and Cyrus Crane, of Kansas City, Mo. (Homer Hall, of St. Louis, Mo., and Gardiner Lathrop, of Chicago, Ill., on the brief), for defendant in error.

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

STONE, Circuit Judge.

This is a writ of error from a judgment on verdict in favor of defendant in a suit upon a warranty. The judgment was entered February 1, 1923. A motion for new trial was overruled March 5, 1923. The time for suing out writ of error expired September 4, 1923. The petition for writ of error, the assignment of errors and the bond thereon were all filed upon October 17. The filing mark on all of these papers was "Filed Oct. 17th, 1923, nunc pro tunc...

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