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BREANARD v. NORTHERN PAC. RY. CO.

No. 8135.

29 F.2d 707 (1928)

BREANARD v. NORTHERN PAC. RY. CO.

Circuit Court of Appeals, Eighth Circuit.

November 23, 1928.

Attorney(s) appearing for the Case

J. K. Murray, of Mott, N. D. (Leo C. Broderick, of Mandan, N. D., and H. P. Jacobsen, of Mott, N. D., on the brief), for plaintiff in error.

E. T. Conmy, of Fargo, N. D. (Conmy, Young & Burnett, of Fargo, N. D., on the brief), for defendant in error.

Before STONE and VAN VALKENBURGH, Circuit Judges, and PHILLIPS, District Judge.

PHILLIPS, District Judge.

J. W. Breanard (hereinafter called plaintiff) brought this action against the Northern Pacific Railway Company (hereinafter called the railway company) to recover damages for fraud and deceit alleged to have been practiced upon plaintiff by a representative of the railway company in the compromise and release of a claim of plaintiff against the railway company for personal injuries. The theory of plaintiff's case is that he may affirm the...

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