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BURKE GRAIN CO. v. ST. PAUL-MERCURY INDEMNITY CO.

No. 10973.

94 F.2d 458 (1938)

BURKE GRAIN CO. v. ST. PAUL-MERCURY INDEMNITY CO.

Circuit Court of Appeals, Eighth Circuit.

February 11, 1938.

Attorney(s) appearing for the Case

Tom Kirby, of Sioux Falls, S. D. (Hugh S. Gamble, of Sioux Falls, S. D., on the brief), for appellant.

Holton Davenport, of Sioux Falls, S. D. (George J. Danforth, of Sioux Falls, S. D., on the brief), for appellee.

Before STONE, GARDNER, and WOODROUGH, Circuit Judges.

GARDNER, Circuit Judge.

In this case the appellee as plaintiff below brought this action at law to recover from appellant as defendant funds in the amount of $25,000, representing losses in certain transactions alleged to be wagering in character. Burke Grain Company, a corporation, and J. C. Vandagrift were named as defendants below, and we shall refer to the parties as they were designated in the lower court.

Plaintiff is a surety company, and on or about...

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