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SIG ELLINGSON & CO. v. BUTENBACH

No. 14576.

199 F.2d 679 (1952)

SIG ELLINGSON & CO. v. BUTENBACH.

United States Court of Appeals Eighth Circuit.

Rehearing Denied November 17, 1952.

Attorney(s) appearing for the Case

Clarence G. Myers, Chicago, Ill., and William C. Blethen, Mankato, Minn. (Myers & Snerly, Chicago, Ill., and Wilson, Blethen & Ogle, Mankato, Minn., were with them on the brief), for appellant.

M. E. Culhane, Minneapolis, Minn. (Samuel Dolf, Minneapolis, Minn., and Edward R. Boyle, Clear Lake, Iowa, were with him on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and THOMAS, Circuit Judges.

WOODROUGH, Circuit Judge.

The judgment sought to be reversed on this appeal was rendered in favor of the plaintiff and against the defendant in a case which turned upon the same considerations in the District Court that controlled its decision in DeVries v. Sig Ellingson & Co., D.C., 100 F.Supp. 781. The action was for the recovery of the stipulated value of 19 head of cattle which were sold by the defendant Sig Ellingson...

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