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MID-STATE PRODUCTS CO. v. COMMODITY CREDIT CORP.

No. 10513.

196 F.2d 416 (1952)

MID-STATE PRODUCTS CO. v. COMMODITY CREDIT CORP.

United States Court of Appeals, Seventh Circuit.

May 13, 1952.

Attorney(s) appearing for the Case

Fred H. Kelly, Mattoon, Ill., Harry C. Partlow, Casey, Ill., Craig Van Meter, Mattoon, Ill., for appellant.

Isidor Lazarus, Department of Justice, Washington, D. C., William W. Hart, U. S. Atty., Ernest R. McHale, Asst. U. S. Atty., East St. Louis, Ill., for appellee.

Holmes Baldridge, Asst. Atty. Gen., Marvin C. Taylor, Department of Justice, Neil Brooks, Associate Solicitor, Department of Agriculture, Katherine Markwell, Department of Agriculture, all of Washington, D. C., of counsel for defendant-appellee.

Before MAJOR, Chief Judge, and KERNER and FINNEGAN, Circuit Judges.

KERNER, Circuit Judge.

This appeal is from an order dismissing on the merits and with prejudice plaintiff's counterclaim contained in its reply to defendant's counterclaim to plaintiff's complaint. The order reserved the issues in the main suit for subsequent trial but expressly found, pursuant to Rule 54(b), Federal Rules of Civil Procedure, 28 U.S. C.A., that there was no reason for delay in judgment on plaintiff's counterclaim. The issue raised by this appeal is...

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