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FLEGENHEIMER v. GENERAL MILLS

No. 294, Docket 22031.

191 F.2d 237 (1951)

FLEGENHEIMER v. GENERAL MILLS, Inc.

United States Court of Appeals Second Circuit.

Decided August 3, 1951.

Attorney(s) appearing for the Case

Guy M. Page, Burlington, Vt., for claimant-appellant.

Bailey & Bailey, and A. Pearley Feen, Burlington, Vt., for plaintiff-appellee.

McNamara & Larrow and Austin & Edmunds, Burlington, Vt., for defendant.

Horace H. Powers, St. Albans, Vt., for Central Vermont Railway, Inc., trustee.

Hubert S. Pierce, Newport, Vt., for Canadian Pac. Ry. Co., trustee.

Before SWAN, Chief Judge, and AUGUSTUS N. HAND and L. HAND, Circuit Judges.

L. HAND, Circuit Judge.

This is an appeal from an order, dismissing a claim by an intervening party — General Mills, Inc. — to property which the plaintiff had attached in the state court, in an action in contract brought against the Manitoba Sugar Company, Ltd., a Canadian corporation. In the state court the plaintiff attached several parcels of "beet pulp" which, as he asserted, were the property of the Manitoba Company, and that company removed the...

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