BLACK, SIVALLS & BRYSON v. SHONDELL

No. 13860.

174 F.2d 587 (1949)

BLACK, SIVALLS & BRYSON, Inc. v. SHONDELL et al.

United States Court of Appeals Eighth Circuit.

Rehearing Denied May 24, 1949.


Attorney(s) appearing for the Case

Charles V. Garnett, of Kansas City, Mo. (George L. Gordon, Donald W. Johnson and Kem, Gordon & Gilmore, all of Kansas City, Mo., on the brief), for appellant.

Marcy K. Brown, Jr., of Kansas City, Mo., for appellees.

Before GARDNER, Chief Judge, and WOODROUGH and THOMAS, Circuit Judges.


WOODROUGH, Circuit Judge.

This action was brought in a Missouri state court and came within the federal jurisdiction on removal because there was diversity of citizenship and requisite amount involved. The plaintiffs sued for damages for breach of express and implied warranty in the sale of five oil storage tanks manufactured by defendant and sold to plaintiffs and upon the jury trial plaintiffs obtained a verdict and judgment against defendant in the sum of $9,332...

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