CARGILL, INC. v. EASTERN GRAIN GROWERS

No. 10688.

86 S.E.2d 569 (1955)

CARGILL, Inc. v. EASTERN GRAIN GROWERS.

Supreme Court of Appeals of West Virginia.

Decided March 15, 1955.

Dissenting Opinions March 21, 25, 1955.

Rehearing Denied May 20, 1955.


Attorney(s) appearing for the Case

Clarence E. Martin, Jr., Martin & Seibert, Martinsburg, for plaintiff in error.

Harry H. Byrer, Martinsburg, for defendant in error.


BROWNING, Judge.

This is primarily an interpleader proceeding under the provisions of Chapter 56, Article 10, Section 1 of the Code, however, a brief summary of the events leading up to the interpleader may be necessary.

Cargill, Inc., brought an action of assumpsit against the Eastern Grain Growers, hereinafter called Eastern, in the Circuit Court for Washington County. Maryland, on December 31, 1949. The action was subsequently removed, on motion of defendant...

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