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CARGILL, INC. v. BOARD OF TRADE OF CITY OF CHICAGO

No. 9426.

164 F.2d 820 (1947)

CARGILL, Inc., v. BOARD OF TRADE OF CITY OF CHICAGO et al.

Circuit Court of Appeals, Seventh Circuit.

December 23, 1947.

Attorney(s) appearing for the Case

James E. Dorsey and Leavitt R. Barker, both of Minneapolis, Minn., and Leo F. Tierney and Louis A. Kohn, both of Chicago, Ill. (Dorsey, Colman, Barker, Scott & Barber, of Minneapolis, Minn., and Mayer, Meyer, Austrian & Platt, of Chicago, Ill., of counsel), for plaintiff-appellant.

Weymouth Kirkland, Howard Ellis, William H. Symmes, Andrew C. Hamilton, Bennitt E. Bates, Floyd E. Thompson, Frederick Mayer, Abraham L. Rittenberg, Walter Bachrach, Walter H. Moses and Stanley J. Morris, all of Chicago, Ill., for defendants-appellees.

Before EVANS and MINTON, Circuit Judges, and LINDLEY, District Judge.

MINTON, Circuit Judge.

The District Court sustained a motion to dismiss the plaintiff's amended and supplemental complaint, and the plaintiff has appealed. These material facts are alleged.

The plaintiff, a Delaware corporation, is a large dealer in grain. It is not a member of the Board of Trade of the City of Chicago, and its contracts herein referred to were handled through a member of the Board. The defendant Chicago Board of Trade, herein referred to...

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