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MARCELL v. ENGEBRETSON

Nos. 9976, 10030.

74 F.2d 93 (1934)

MARCELL et al. v. ENGEBRETSON (two cases).

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied December 31, 1934.

Attorney(s) appearing for the Case

Clinton Brome and W. H. Herdman, both of Omaha, Neb. (U. S. G. Cherry and Gale B. Braithwaite, both of Sioux Falls, S. D., on the brief), for appellants.

M. E. Culhane, of Minneapolis, Minn., and Olaf Eidem, of Brookings, S. D. (Frank L. Weaver and William M. Giller, both of Omaha, Neb., on the brief), for appellee.

Before GARDNER and SANBORN, Circuit Judges.

SANBORN, Circuit Judge.

The facts out of which this controversy arises are, in substance, as follows:

In 1921 the United States District Court for the District of Nebraska appointed a receiver for the Brictson Manufacturing Company, a South Dakota corporation doing business in Nebraska. Upon appeal, this court determined that there was no basis for the appointment, and required the lower court to turn back the property taken over by its receiver to the corporation...

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