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W. A. ROSS CONST. CO. v. YEARSLEY

No. 11353.

103 F.2d 589 (1939)

W. A. ROSS CONST. CO. v. YEARSLEY et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied June 2, 1939.

Attorney(s) appearing for the Case

Clay C. Rogers, of Kansas City, Mo., and John M. Dierks, of Nebraska City, Neb. (Paul Jessen, of Nebraska City, Neb., and O. C. Mosman and C. Jasper Bell, both of Kansas City, Mo., on the brief), for appellant.

Robert Van Pelt, of Lincoln, Neb. (Dwyer & Dwyer, of Plattsmouth, Neb., and Perry, Van Pelt & Marti, of Lincoln, Neb., on the brief), for appellee Lawrence Yearsley.

Before SANBORN, THOMAS, and VAN VALKENBURGH, Circuit Judges.

SANBORN, Circuit Judge.

This is an action at law brought by Lawrence Yearsley and George Yearsley, who were the owners of an undivided two-thirds interest in a 250-acre farm and its accretions bordering upon the Missouri River in Otoe County, Nebraska, against the appellant, W. A. Ross Construction Company (hereinafter referred to as the contractor), — which had, under a contract with the United States, constructed dikes in the Missouri River for the purpose...

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