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HUNTER MILLING CO. v. KOCH

No. 1314.

82 F.2d 735 (1936)

HUNTER MILLING CO. v. KOCH.

Circuit Court of Appeals, Tenth Circuit.

March 30, 1936.

Attorney(s) appearing for the Case

Glen A. Wisdom, of Kansas City, Mo. (Austin M. Cowan, C. A. McCorkle, J. D. Fair, W. A. Kahrs, and R. H. Nelson, all of Wichita, Kan., on the brief), for appellant.

George Siefkin, of Wichita, Kan. (Jacob A. Markel and Gertrude F. Markel, both of Pittsburgh, Pa., and Robert C. Foulston, Sidney L. Foulston, Lester L. Morris, George B. Powers, Carl T. Smith, and C. H. Morris, all of Wichita, Kan., on the brief), for appellee.

Before LEWIS and BRATTON, Circuit Judges, and KENNEDY, District Judge.

KENNEDY, District Judge.

This was a suit to recover damages on the part of appellee, plaintiff in the court below, growing out of the cancellation of contracts with the appellant, defendant in the court below, for sale and delivery of flour. The case was tried to a court and jury resulting in a verdict of $12,500 in plaintiff's favor, upon which judgment was entered, and the defendant appeals.

In 1932 plaintiff and defendant entered into a number of contracts...

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