STATE OF NORTH DAKOTA v. NATIONAL MILLING & C. CO.

No. 11723.

114 F.2d 777 (1940)

STATE OF NORTH DAKOTA v. NATIONAL MILLING & CEREAL CO., Inc.

Circuit Court of Appeals, Eighth Circuit.

October 15, 1940.


Attorney(s) appearing for the Case

Harold D. Shaft, of Grand Forks, N. D. (Alvin C. Strutz, Atty. Gen., and P. O. Sathre, Asst. Atty. Gen., on the brief), for appellant.

L. J. Palda, Jr., of Minot, N. D. (Robert W. Palda, of Minot, N. D., on the brief), for appellee.

Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges.


THOMAS, Circuit Judge.

In an action instituted by the plaintiff, appellee, to recover damages for an alleged breach of contract, judgment was entered against the defendant, appellant, upon a directed verdict for $26,833 and costs. The plaintiff is a New Jersey corporation. Jurisdiction is dependent upon diversity of citizenship and the amount involved.

The appellant contends here, as it did below, that the district court was without jurisdiction because (1...

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