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ERNEST E. FADLER CO. v. HESSER

No. 3574.

166 F.2d 904 (1948)

ERNEST E. FADLER CO. v. HESSER.

Circuit Court of Appeals, Tenth Circuit.

March 5, 1948.

Attorney(s) appearing for the Case

Warren S. Earhart, of Kansas City, Mo. (D. Howe Moffat, of Salt Lake City, Utah, on the brief), for appellant.

Edward M. Morrissey, of Salt Lake City, Utah, for appellee.

Before PHILLIPS, HUXMAN and MURRAH, Circuit Judges.

PHILLIPS, Circuit Judge.

Ernest E. Fadler Company1 obtained a reparation order against O. P. Hesser for the balance alleged to be due on a carload of mixed vegetables in a proceeding brought under the Perishable Agricultural Commodities Act of 1930,2 7 U.S.C.A. §§ 499a to r, inclusive. Hesser appealed from the reparation order. From a judgment setting aside the order, the Company has appealed.

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