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GIDEON-ANDERSON L. CO. v. ST. LOUIS SOUTHWESTERN RY. CO.

Nos. 10720, 10721.

88 F.2d 232 (1937)

GIDEON-ANDERSON LUMBER CO. v. ST. LOUIS SOUTHWESTERN RY. CO. et al. GIDEON-ANDERSON CO. v. SAME.

Circuit Court of Appeals, Eighth Circuit.

January 28, 1937.

Attorney(s) appearing for the Case

Edward A. Haid, of St. Louis, Mo. (Arthur E. Simpson and Jeffries, Simpson & Plummer, all of St. Louis, Mo., on the brief), for appellants.

Jacob M. Lashly, of St. Louis, Mo. (A. H. Kiskaddon, B. F. Batts, Clark M. Clifford, and Lashly, Lashly & Miller, all of St. Louis, Mo., on the brief), for appellees.

Before GARDNER, WOODROUGH, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

By stipulation of the parties these two cases were tried together in the District Court where a jury was waived. They were consolidated for purpose of appeal with a single bill of exceptions, and having been submitted together here, we shall dispose of them in a single opinion.

The two cases are of the same nature. The appellees, the St. Louis Southwestern Railway Company and its trustee in bankruptcy, brought two actions at law against...

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