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BOMMARITO v. SOUTHERN CANNING CO.

No. 14835.

208 F.2d 56 (1953)

BOMMARITO v. SOUTHERN CANNING CO.

United States Court of Appeals Eighth Circuit.

Rehearing Denied December 8, 1953.

Attorney(s) appearing for the Case

Daniel Bartlett, St. Louis, Mo. (Harry Gershenson and H. Jackson Daniel, St. Louis, Mo., were with him on the brief), for appellant.

Thomas Rowe Schwarz, St. Louis, Mo., (John S. Leahy, St. Louis, Mo., was with him on the brief), for appellee.

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

WOODROUGH, Circuit Judge.

This was an action in replevin instituted by the Southern Canning Company to recover personal property from Jerome Bommarito, doing business as Cardinal Products Company, and for damages in the amount of $10,000 for breach of contract. Defendant answered by way of a general denial and counterclaimed for damages in the sum of $50,000, alleging a breach of contract on the part of plaintiff. A jury was waived. Judgment of possession was rendered...

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