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HIGHWAY CONST. CO. v. McCLELLAND

No. 7179.

14 F.2d 406 (1926)

HIGHWAY CONST. CO. et al. v. McCLELLAND.

Circuit Court of Appeals, Eighth Circuit.

June 5, 1926.

Attorney(s) appearing for the Case

Inghram D. Hook, of Kansas City, Mo., for plaintiffs in error.

Roger S. Miller and Scott J. Miller, both of Chillicothe, Mo., for defendant in error.

Before STONE, KENYON, and BOOTH, Circuit Judges.

BOOTH, Circuit Judge.

Plaintiffs in error, defendants below, by this writ of error seek to review a judgment entered after verdict in the District Court for the Western District of Missouri. In the case of M. C. & L. M. Ry. v. Swan, 111 U.S. 379, 382, 4 S.Ct. 510, 511 (28 L. Ed. 462), the Supreme Court laid down the following rule:

"On every writ of error or appeal, the first and fundamental question is that of jurisdiction...

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