KISTLER v. GINGLES

No. 13755.

171 F.2d 912 (1949)

KISTLER et al. v. GINGLES et al.

United States Court of Appeals Eighth Circuit.

January 18, 1949.


Attorney(s) appearing for the Case

G. C. Hardin, J. Clib Barton and Bruce H. Shaw, all of Fort Smith, Ark., and Amelia Patterson and Roy Frye of the firm of Frye & Patterson, both of Sallisaw, Okla., for appellants.

Ernest Briner, of Benton, Ark., and Harry P. Warner and Cecil R. Warner, both of Fort Smith, Ark., for appellees.

Before SANBORN, WOODROUGH, and JOHNSEN, Circuit Judges.


WOODROUGH, Circuit Judge.

This appeal is to reverse that part of a judgment which dismissed plaintiffs' action as to two of the defendants after trial to the court on the merits. There was jurisdiction by reason of diversity of citizenship and amount involved and the judgment was based on the findings and conclusions of the court which are brought up in the record. The plaintiffs, doing business as R. P. Kistler and Sons, a partnership, may be more conveniently referred...

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