A. E. BARKER & CO. v. GILINSKY FRUIT CO.

No. 11020.

100 F.2d 863 (1939)

A. E. BARKER & CO. OF CALIFORNIA v. GILINSKY FRUIT CO.

Circuit Court of Appeals, Eighth Circuit.

January 19, 1939.


Attorney(s) appearing for the Case

Edward L. Bradley and Hugh A. Myers, both of Omaha, Neb., for appellant.

F. S. Gaines and C. F. McLaughlin, both of Omaha, Neb., for appellee.

Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges.


WOODROUGH, Circuit Judge.

It appears from the record on this appeal that A. E. Barker and Company of California sold a car load of cantaloupes, then "rolling" in transit in interstate commerce, to the Gilinsky Fruit Company of Omaha, Nebraska, and the purchase price was not paid. Both parties were licensed under the Perishable Agricultural Commodities Act of August 20, 1937, Tit. 7, Ch. 20A, U.S.C.A., p. 70, § 499d....

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