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PET MILK CO. v. BOLAND

No. 14,162.

185 F.2d 298 (1950)

PET MILK CO. v. BOLAND.

United States Court of Appeals, Eighth Circuit.

November 14, 1950.

Attorney(s) appearing for the Case

Roland F. O'Bryen, St. Louis, Mo., (O'Bryen, Schlafly & Griesedieck and Robert F. Schlafly, all of St. Louis, Mo., on the brief), for appellant.

Roberts P. Elam, St. Louis, Mo. (John S. Leahy and Joseph L. Badaracco, St. Louis, Mo., on the brief), for appellee.

Before GARDNER, Chief Judge, and THOMAS, Circuit Judge, and DEWEY, District Judge.

DEWEY, District Judge.

This is the second appeal of this case. Upon a former appeal the case was reversed and remanded, and was tried again on the same pleadings and substantially the same evidence, resulting in a second jury verdict for the plaintiff.

The opinion in the first appeal of Pet Milk Company v. John V. Boland, 8 Cir., 175 F.2d 151, sets out in detail the essential facts which need not here be repeated.

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