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LADA v. WILKIE

No. 15812.

250 F.2d 211 (1957)

Anna LADA and Martha Hein, by Eugene Wengert, their attorney in fact, Appellants, v. Charlie WILKIE, a single person, William W. Eichhorst and Eileen Eichhorst, his wife, Western Surety Company, a corporation, and Lario Oil and Gas Company, a corporation, and H. R. Talkington and Madge Talkington, his wife, Appellees.

United States Court of Appeals Eighth Circuit.

December 18, 1957.

Attorney(s) appearing for the Case

Martin J. Torphy, Milwaukee, Wis., for appellants.

Ward M. Kirby, Dickinson, N. D. (Mackoff, Kellogg, Muggli & Kirby, Dickinson, N. D., were on the brief), for appellees Charlie Wilkie, William W. Eichhorst and Eileen Eichhorst, his wife, and Western Surety Co.

Before SANBORN, JOHNSEN, and VOGEL, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal from an order of the District Court dismissing the complaint of the plaintiffs (appellants) upon the grounds "that this [District] Court is without jurisdiction to grant a part of the relief demanded in the Complaint" and "that plaintiffs have failed to state a claim upon which relief can be granted (having failed to allege performance of conditions precedent to their right to recover, as required by Rule 9(c), Federal Rules...

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