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UNION TRUST CO. v. WOODROW MFG. CO.

No. 9557.

63 F.2d 602 (1933)

UNION TRUST CO. OF CLEVELAND, OHIO, et al. v. WOODROW MFG. CO. et al.

Circuit Court of Appeals, Eighth Circuit.

February 8, 1933.

Attorney(s) appearing for the Case

Casper Schenk, of Des Moines, Iowa (Charles S. Bradshaw and Rex H. Fowler, both of Des Moines, Iowa, on the brief), for appellants.

Robert J. Bannister, of Des Moines, Iowa (Henry C. Korf, of Newton, Iowa, and Stipp, Perry, Bannister & Starzinger, of Des Moines, Iowa, on the brief), for appellees.

Before KENYON, GARDNER, and SANBORN, Circuit Judges.

KENYON, Circuit Judge.

This case has been here before. 48 F.2d 194, 197. It is an action by trustees (appellants here and plaintiffs in the trial court) under a mortgagee's declaration of trust to recover against appellees (defendants in the trial court) damages for waste of mortgage security.

The parties will be designated as in the trial court.

Upon the former trial a verdict was instructed for all the defendants...

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