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MEGAN v. UPDIKE GRAIN CORPORATION

No. 11015.

94 F.2d 551 (1938)

MEGAN v. UPDIKE GRAIN CORPORATION.

Circuit Court of Appeals, Eighth Circuit.

February 7, 1938.

Attorney(s) appearing for the Case

Wymer Dressler, of Omaha, Neb. (Robert D. Neely, of Omaha, Neb., and William T. Faricy, of Chicago, Ill., on the brief), for appellant.

Alfred G. Ellick, of Omaha, Neb. (Edward J. Shoemaker and James J. Fitzgerald, Jr., both of Omaha, Neb., on the brief), for appellee.

Before GARDNER, SANBORN, and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

This is an action at law brought by Charles P. Megan, trustee of the property of the Chicago & North Western Railway Company in proceedings under section 77 of the National Bankruptcy Act, as amended, 11 U.S.C.A. § 205, appellant, against the Updike Grain Corporation of Omaha, Neb., appellee. Jurisdiction is based upon diversity of citizenship.

The appellant sought to recover $33,963.31 due and unpaid rental, and accruing rental...

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