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MONTGOMERY v. SIOUX CITY SEED CO.

No. 962.

71 F.2d 926 (1934)

MONTGOMERY v. SIOUX CITY SEED CO.

Circuit Court of Appeals, Tenth Circuit.

June 8, 1934.

Attorney(s) appearing for the Case

Samuel M. Lee, of Cheyenne, Wyo., for appellant.

C. R. Ellery, of Cheyenne, Wyo. (Harry S. Snyder, of Sioux City, Iowa, and C. A. Zaring, of Basin, Wyo., on the brief), for appellee.

Before PHILLIPS, McDERMOTT, and BRATTON, Circuit Judges.

PHILLIPS, Circuit Judge.

On August 6, 1928, Montgomery commenced an action in the district court of Big Horn County, Wyoming, against the Seed Company to recover damages for decreased yield and soil infection, alleging they resulted from defective bean seed delivered to him by the Seed Company under a contract for the growing of bean seed, entered into between the Seed Company and Montgomery.

On November 19, 1928,...

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