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TERRILL v. KILLION

No. 48471.

70 N.W.2d 835 (1955)

E. A. TERRILL, Appellant, v. Harold KILLION, Appellee, and Glen Saylor, Intervener.

Supreme Court of Iowa.

June 7, 1955.

Attorney(s) appearing for the Case

Richard C. Turner, Avoca, and Don Carlos & Don Carlos, Greenfield, for appellant.

Williamson & Williamson, Greenfield and E. P. McEniry, Creston, for appellee and intervener.

WENNERSTRUM, Chief Justice.

This court has given permission to the plaintiff to appeal from an interlocutory order overruling a motion to strike a petition of intervention. 58 I.C.A. Rule 332, R.C.P. The plaintiff, in his petition, alleged the defendant is an auctioneer with sales barn facilities in Adair County, Iowa where he conducts public sales of livestock; that plaintiff on or about February 23, 1951 delivered to the defendant some thirty-three head of young...

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