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REED v. FAIRMONT CREAMERY CO.

No. 8591.

37 F.2d 332 (1929)

REED v. FAIRMONT CREAMERY CO.

Circuit Court of Appeals, Eighth Circuit.

December 31, 1929.

Attorney(s) appearing for the Case

W. C. Fraser, of Minneapolis, Minn. (Albert G. Craig, of Denver, Colo., and George L. Schein, of Chicago, Ill., on the brief), for appellant.

Leonard A. Flansburg, of Lincoln, Neb. (George A. Lee, of Lincoln, Neb., M. S. Hartman, of Omaha, Neb., and John O. Sheldahl, of Lincoln, Neb., on the brief), for appellee.

Before VAN VALKENBURGH and GARDNER, Circuit Judges, and MUNGER, District Judge.

MUNGER, District Judge.

This appeal seeks to reverse a decree sustaining the appellee's motion to dismiss the appellant's bill of complaint. The motion alleged that no cause of action was stated in the bill, and that the bill showed plaintiff's claim to be barred by the statute of limitations and by the plaintiff's laches.

In substance, the bill alleged that the defendant was a corporation organized in 1884 under the laws of Nebraska, with an originally authorized...

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