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WINTER v. MILLER

No. 4040.

183 F.2d 151 (1950)

WINTER et al. v. MILLER et al.

United States Court of Appeals Tenth Circuit.

June 26, 1950.

Attorney(s) appearing for the Case

W. D. Jochems, Wichita, Kan. (Robert G. Braden, Wichita, Kan., was with him on the brief) for appellants.

Howard T. Fleeson, Wichita, Kan. (Homer V. Gooing, Wayne Coulson, and Paul R. Kitch, all of Wichita, Kan., were with him on the brief), for appellees.

Before HUXMAN, MURRAH, and PICKETT, Circuit Judges.

HUXMAN, Circuit Judge.

The appellees, a copartnership, brought this action in replevin against appellants and E. A. Stephenson in the United States District Court for the District of Kansas to recover 55 head of cattle sold to E. A. Stephenson. At the conclusion of all of the evidence, both parties moved for an instructed verdict. The motion of the defendants was overruled and that of plaintiffs was sustained. Judgment was entered for the plaintiffs upon the instructed...

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