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NATIONAL REFINING CO. v. UNITED STATES

No. 13440.

160 F.2d 951 (1947)

NATIONAL REFINING CO. v. UNITED STATES (RECONSTRUCTION FINANCE CORPORATION, Intervener).

Circuit Court of Appeals, Eighth Circuit.

April 9, 1947.

Attorney(s) appearing for the Case

Kenneth Teasdale, of St. Louis, Mo., (William G. Boatright, of Kansas City, Mo., and Ray T. Sample, of St. Louis, Mo., on the brief), for appellant.

Harry C. Blanton, U. S. Atty., of Sikeston, Mo., (Sewall Key, Acting Asst. Atty. Gen., J. Louis Monarch and Muriel S. Paul, Sp. Assts. to the Atty. Gen., and Russell Vandivort, Asst. U. S. Atty., of St. Louis, Mo., on the brief), for appellees.

Before SANBORN, WOODROUGH, and RIDDICK, Circuit Judges.

SANBORN, Circuit Judge.

The United States and the National Refining Company are rival claimants to a fund in the Registry of the District Court. The fund was awarded to the United States, and the Refining Company has appealed.

The fund in suit, which amounts to $1,519.75, represents a commission earned by R. Newton McDowell for his services, as agent for the Government, in securing an option for it upon one of the...

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