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NEFF v. WESTERN COOPERATIVE HATCHERIES

No. 5425.

241 F.2d 357 (1957)

Gordon S. NEFF, individually as the surviving partner of Stanley B. Neff and Sons, a co-partnership; and as Administrator of the Estate of Stanley B. Neff, deceased, Appellants, v. WESTERN COOPERATIVE HATCHERIES, a corporation, Appellee.

United States Court of Appeals Tenth Circuit.

January 16, 1957.

Attorney(s) appearing for the Case

Elias Hansen, Salt Lake City, Utah (J. Grant Iverson, Salt Lake City, Utah, on the brief), for appellants.

Arthur H. Nielsen, Salt Lake City, Utah, for appellee.

Before PHILLIPS, MURRAH and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

This appeal was taken from a judgment rendered upon a verdict in favor of plaintiff-appellee, Western Cooperative Hatcheries, on its complaint for money due under a contract with defendants-appellants for the sale of turkey poults, and against defendants on a counterclaim for damages accruing because of an alleged misrepresentation. Diversity of citizenship of the parties and a demand for the payment of $6,015.45 provided the jurisdictional requirements...

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