SOMMER v. NAKDIMEN

No. 11107.

97 F.2d 715 (1938)

SOMMER v. NAKDIMEN.

Circuit Court of Appeals, Eighth Circuit.

July 5, 1938.


Attorney(s) appearing for the Case

Harold R. Small, of St. Louis, Mo. (Emmet T. Carter, of St. Louis, Mo., Thomas B. Pryor and Pryor & Pryor, all of Fort Smith, Ark., and Carter & Jones of St. Louis, Mo., on the brief), for appellant.

James B. McDonough, of Fort Smith, Ark. (George O. Patterson and Edward H. Patterson, both of Clarksville, Ark., on the brief), for appellee.

Before GARDNER, SANBORN, and THOMAS, Circuit Judges.


THOMAS, Circuit Judge.

This is a suit in equity for the recovery of money. Plaintiff is appealing from a decree dismissing his amended petition after the court had overruled a motion by plaintiff to transfer from equity to law and had sustained a motion by defendant to dismiss. Both rulings are assigned as error. The denial of the motion to transfer is immaterial if the court properly sustained the motion to dismiss.

The grounds of the motion to dismiss the...

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