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GAYNOR v. METALS RESERVE CO.

No. 13641.

166 F.2d 1011 (1948)

GAYNOR v. METALS RESERVE CO. et al.

Circuit Court of Appeals, Eighth Circuit.

March 25, 1948.

Attorney(s) appearing for the Case

Robert B. Pike, of Sioux City, Iowa (Francis J. Parker, of Deadwood, S. D., on the brief), for appellant.

H. F. Fellows, of Rapid City, S. D., for appellees.

Before GARDNER, THOMAS, and COLLET, Circuit Judges.

GARDNER, Circuit Judge.

This was an action brought by appellant against Metals Reserve Company and Colonial Mica Corporation, to recover $12,956.49 for certain sheet mica sold and delivered by plaintiff to defendants at their places of business in the City of Custer, South Dakota, and to recover the further sum of $20,868.96 for damages on account of the failure of defendants to accept certain products proffered by plaintiff. Summons was served upon the defendant...

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