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WICK v. KESHNER

No. 15686.

244 F.2d 146 (1957)

Martin M. WICK, Appellant, v. Joseph KESHNER, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied May 31, 1957.

Attorney(s) appearing for the Case

Emerson Baetz, Alton, Ill., for appellant.

Wilder Lucas, St. Louis, Mo., and George A. Spencer, Columbia, Mo. (Ralph T. Finley, St. Louis, Mo., on the brief), for appellee.

Before GARDNER, Chief Judge, JOHNSEN, Circuit Judge, and DONOVAN, District Judge.

GARDNER, Chief Judge.

This action was initiated by the filing of a complaint containing two counts. Appellant was plaintiff below and we shall refer to the parties as they were designated in the trial court. While the complaint contained two counts there was but one transaction involved and the counts of the complaint represent two versions of that transaction.

By the first count plaintiff sought to recover damages...

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