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MARRINAN MEDICAL SUPPLY v. FT. DODGE SERUM CO.

No. 8926.

47 F.2d 458 (1931)

MARRINAN MEDICAL SUPPLY, Inc., v. FT. DODGE SERUM CO.

Circuit Court of Appeals, Eighth Circuit.

February 20, 1931.

Attorney(s) appearing for the Case

M. J. Doherty, of St. Paul, Minn. (Doherty, Rumble, Bunn & Butler, of St. Paul, Minn., on the brief), for appellant.

Claude Krause, of Minneapolis, Minn. (Cobb, Hoke, Benson, Krause & Faegre, of Minneapolis, Minn., and Price & Burnquist, of Ft. Dodge, Iowa, on the brief), for appellee.

Before STONE and BOOTH, Circuit Judges, and DEWEY, District Judge.

BOOTH, Circuit Judge.

This is an appeal from a judgment entered on the pleadings after a demurrer had been sustained to a counterclaim interposed in the answer of appellant, defendant below. Plaintiff, Ft. Dodge Serum Company, sued defendant on two causes of action. The first contained two counts: One for goods sold and delivered, covering certain serums; the other on an account stated. The second cause of action contained two counts: One for the agreed price of certain...

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