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UNITED CONST. CO. v. MILAM

No. 8749.

124 F.2d 670 (1942)

UNITED CONST. CO. v. MILAM et al. In re DIAMOND BLOCK ASPHALT CORPORATION.

Circuit Court of Appeals, Sixth Circuit.

January 10, 1942.

Attorney(s) appearing for the Case

Harold V. Snyder, of Chicago, Ill. (Harold V. Snyder, of Chicago, Ill., and J. Donald Dinning and Allen, Dinning & Clarke, all of Louisville, Ky., on the brief), for appellant.

Thomas S. Dawson, of Louisville, Ky. (Woodward, Dawson & Hobson, of Louisville, Ky., on the brief), for appellees.

Before SIMONS, HAMILTON, and McALLISTER, Circuit Judges.

McALLISTER, Circuit Judge.

On April 9, 1937, the United Construction Company, appellant herein, sold five barges to the Diamond Rock Asphalt Corporation. The barges were located in Illinois on the banks of the Mississippi, and the contract of sale, described as a conditional sales agreement, recited that it was executed in Illinois, and provided that it was to be construed according to the laws of that state. Thereafter, the barges were removed to Kentucky, and while...

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