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HARTFORD ACCIDENT AND INDEMNITY COMPANY v. BALDWIN

No. 16024.

262 F.2d 202 (1958)

HARTFORD ACCIDENT AND INDEMNITY COMPANY, a corporation, Appellant, v. W. O. BALDWIN, Trustee; Osborne Livestock Commission Company, a partnership; Salina Sales Pavilion, a partnership; Beverly Sales Company, a partnership; Cloud County Livestock Commission Company, a partnership; Floyd E. Boyer; Anker Petersen; Lyle Petersen; and Lauritz M. Andersen, Appellees.

United States Court of Appeals Eighth Circuit.

December 30, 1958.

Attorney(s) appearing for the Case

L. J. Tierney, Omaha, Neb. (Cassem, Tierney, Adams, Kennedy & Henatsch, Omaha, Neb., were with him on the brief), for appellant.

George Healey, Lincoln, Neb. (Richard D. Wilson, Robert A. Barlow, Patrick W. Healey, and Healey, Davies, Wilson & Barlow, Lincoln, Neb., were with him on the brief), for appellee, W. O. Baldwin, Trustee.

John Q. Royce, Salina, Kan. (H. H. Dunham, Jr., Salina, Kan., Guy C. Chambers, William C. Hastings, Lincoln, Neb., and Hampton, Dunham, Royce & Engleman, Salina, Kan., and Chambers, Holland, Dudgeon & Hastings, Lincoln, Neb., were with him on the brief), for appellees, Osborne Livestock Commission Co., and others.

C. C. Sheldon, Lincoln, Neb. (Warren K. Dalton and Marti, O'Gara, Dalton & Sheldon, Lincoln, Neb., were with him on the brief), for appellee, Floyd E. Boyer.

Before GARDNER, Chief Judge, and WOODROUGH and VAN OOSTERHOUT, Circuit Judges.

WOODROUGH, Circuit Judge.

The controversies in this case follow upon the failure and bankruptcy of Vernon F. Kuhlmann, or Kuhlman, formerly of Deshler, Thayer County, Nebraska, who carried on a business of buying and selling livestock at that town and others within the neighboring territory for many years, but failed to pay for a number of cattle he bought for which he gave unpaid checks to various persons during the year...

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