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DIAMOND A CATTLE CO. v. TSCHIRGI

No. 13954.

181 F.2d 991 (1950)

DIAMOND A CATTLE CO. et al. v. TSCHIRGI.

United States Court of Appeals Eighth Circuit.

May 10, 1950.

Attorney(s) appearing for the Case

M. T. Woods, Sioux Falls, S. D., (H. L. Fuller, J. B. Shultz, and T. M. Bailey, Jr., Sioux Falls, S. D. on the brief) for appellants.

T. H. Burke, Billings, Mont. (Pat Morrison and Julius Skaug, Mobridge, S. D. on the brief), for appellee.

Before SANBORN, JOHNSEN and COLLET, Circuit Judges.

JOHNSEN, Circuit Judge.

The appeal is by the defendants from a judgment in favor of the plaintiff, in a diversity case, tried without a jury, for the balance due under a pasturage contract, and also from an order dismissing the defendants' counterclaims.

The contract involved was in writing, made in 1938, for the pasturage by plaintiff, on his ranch in Montana, of from 2,500 to 5,000 steers, for defendant Diamond A Cattle Company, "during the season of 1938...

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