STRIMLING v. STONE

No. 14405.

194 F.2d 920 (1952)

STRIMLING v. STONE

United States Court of Appeals Eighth Circuit.

March 10, 1952.


Attorney(s) appearing for the Case

Melvin H. Siegel, Minneapolis, Minn. (George B. Leonard, Sidney Barrows and Leonard, Street & Deinard, all of Minneapolis, Minn., on the brief), for appellant.

Sidney J. Kaplan, Minneapolis, Minn. (Hyman Edelman, Sheldon, Kaplan and Kaplan, Edelman & Kaplan, all of Minneapolis, Minn., on the brief), for appellee.

Before SANBORN, WOODROUGH and RIDDICK, Circuit Judges.


PER CURIAM.

The appellant has moved for a clarification of our opinion filed January 29, 1952. He asserts that there may be uncertainty as to whether, upon a new trial as to counts III, IV, V and VI of the amended complaint, the defense of account stated would be available to the appellant, and as to whether he could assert as a counterclaim overpayments made during the years 1934 to 1948 to the appellee which the appellee had agreed to repay upon the termination...

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