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FIERCE v. WYATT

No. 10437.

83 F.2d 892 (1936)

FIERCE et al. v. WYATT et al.

Circuit Court of Appeals, Eighth Circuit.

June 6, 1936.

Attorney(s) appearing for the Case

Merrill Gilmore, of Ottumwa, Iowa (Edward L. Simmons, of Centerville, Iowa, and W. O. Jamison, of Seymour, Iowa, on the brief), for appellants.

D. L. Murrow, of Corydon, Iowa (T. W. Miles, of Corydon, Iowa, on the brief), for appellees.

Before GARDNER, SANBORN, and BOOTH, Circuit Judges.

SANBORN, Circuit Judge.

This is an action at law upon a promissory note. The appellants were plaintiffs in the court below. The defendants were the makers of the note. A. J. Shoultz, one of the defendants, filed an answer alleging that the note in suit was executed for the purpose of renewing a note which was about to mature, but that the latter note, instead of being renewed, was paid in full. The case was, by stipulation of the parties, tried to the court without...

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