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KYNER v. CLARK

Nos. 8138, 8139.

29 F.2d 545 (1928)

KYNER et al. v. CLARK et al. CLARK et al. v. KYNER et al.

Circuit Court of Appeals, Eighth Circuit.

November 19, 1928.

Attorney(s) appearing for the Case

Webb Rice, of Norfolk, Neb. (S. D. Crary, of Sioux City, Iowa, on the brief), for James A. Clark and Charles C. Clark.

William J. Courtright, of Fremont, Neb. (William M. Ely, of Ainsworth, Neb., on the brief), for Stephen H. Kyner and Odessey K. Bates.

Before LEWIS, Circuit Judge, and PHILLIPS and SANBORN, District Judges.

LEWIS, Circuit Judge.

This suit was brought by Charles C. Clark and James A. Clark, assignee of Albert E. Clark, against Stephen H. Kyner and Odessey K. Bates. The Clarks are all citizens and residents of Iowa and Kyner and Bates are citizens and residents of Nebraska. Plaintiffs' claim is based on the assumption by Kyner and Bates and their agreement to pay a mortgage on Iowa land, which the Clarks were compelled by suit to pay. The court gave judgment for plaintiffs...

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