LAWRENCE WAREHOUSE COMPANY v. TWOHIG

Nos. 15028, 15029.

224 F.2d 493 (1955)

LAWRENCE WAREHOUSE COMPANY, a corporation, Appellant, v. Hugh J. TWOHIG, Louis McLaughlin, William S. Brown and Harold C. Torkelson, d/b/a Wagner, Garrison & Abbott, Appellees. Hugh J. TWOHIG, Louis McLaughlin, William S. Brown and Harold C. Torkelson, d/b/a Wagner, Garrison & Abbott, Appellants, v. LAWRENCE WAREHOUSE COMPANY, a corporation, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied August 8, 1955.


Attorney(s) appearing for the Case

Charles O. Butler, Chicago, Ill. (Maynard Garrison, Wallace, Garrison, Norton & Ray, San Francisco, Cal., Harry H. Miller, Sifford & Wadden, Sioux City, Iowa, with him on the brief), for Lawrence Warehouse Co.

Kenneth T. Wilson and Charles F. Stilwill, Sioux City, Iowa (Charles M. Stilwill, Sioux City, Iowa, with them on the brief), for Hugh J. Twohig and others.

Before SANBORN, WOODROUGH and JOHNSEN, Circuit Judges.


JOHNSEN, Circuit Judge.

A livestock commission firm sued a warehouse company for restitution, on the alternative theories (a) that plaintiff was the owner of 100 beef carcasses, which had been placed in defendant's refrigerated warehouse and which defendant had allegedly converted to its own use, or (b) that plaintiff had such a beneficial interest in the carcasses, with defendant having knowledge of plaintiff's equitable rights, as to make defendant's appropriation...

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