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FARMERS' UNION GRAIN CO. v. HALLET & CAREY CO.

No. 7772.

22 F.2d 796 (1927)

FARMERS' UNION GRAIN CO. v. HALLET & CAREY CO.

Circuit Court of Appeals, Eighth Circuit.

November 25, 1927.

Attorney(s) appearing for the Case

E. B. Harkin and Ezra L. Baker, both of Aberdeen, S. D., and John Junell and J. H. Colman, both of Minneapolis, Minn. (Lancaster, Simpson, Junnell & Dorsey, of Minneapolis, Minn., of counsel), for petitioner.

Before KENYON, Circuit Judge, and MOLYNEAUX and JOHN B. SANBORN, District Judges.

PER CURIAM.

On the petition of the plaintiff in error for a rehearing, we have carefully re-examined our decision in this case. It is contended that we erred in holding rule 49 of the District Court of the District of South Dakota procedural only. That is all that it purports to be, but the decision in the case of Chateaugay Ore & Iron Co., Petitioner, 128 U.S. 544, 9 S.Ct. 150, 32 L. Ed. 508, would justify a conclusion that it...

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