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NEWBY v. HARRIS

Nos. A-8106, A-8514.

129 F.Supp. 332 (1955)

Myron M. NEWBY and Nada Newby, Plaintiffs, v. Harold L. HARRIS, Defendant. Patricia Ann NEWBY, Plaintiff, v. Harold L. HARRIS, Myron M. Newby and Nada Newby, and Matanuska Valley Farmers Co-operating Association, a corporation, Defendants.

District Court, Alaska Third Division, Anchorage.

March 15, 1955.

Attorney(s) appearing for the Case

Bailey E. Bell, Anchorage, Alaska, for plaintiffs.

Arthur D. Talbot, Anchorage, Alaska, for defendants.

FOLTA, District Judge.

The foregoing cases were consolidated for trial. In the first case the plaintiffs seek to recover for potatoes which they allege the defendant took, as buyer, from the plaintiffs' farm, over and above what he has agreed to pay for. The complaint alleges that the defendant took 260,000 lbs. of potatoes, whereas the defendant alleges that he took but 124,000 lbs.

In the second case the plaintiffs' children seek to foreclose lien claims...

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