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FIRST NATIONAL BANK OF FLEMING v. PETZOLDT

No. 5867.

262 F.2d 540 (1958)

FIRST NATIONAL BANK OF FLEMING, Colorado, a National Banking corporation, Appellant, v. Paul K. PETZOLDT; First National Bank of Lander, a Wyoming corporation; and Lawrence Warehouse Company, a corporation, Appellees.

United States Court of Appeals Tenth Circuit.

December 9, 1958.

Attorney(s) appearing for the Case

Charles H. Sandhouse, Sterling, Colo. (Sandhouse & Sandhouse, Sterling, Colo., were with him on the brief), for appellant.

W. J. Nicholas, Lander, Wyo. (W. A. Smith, Lander, Wyo., and Robert Lipton, Denver, Colo., were with him on the brief), for appellees Paul K. Petzoldt and First Nat. Bank of Lander.

Charles O. Butler, Chicago, Ill. (T. Raber Taylor, Denver, Colo., was with him on the brief), for appellee Lawrence Warehouse Co.

Before BRATTON, Chief Judge, and HUXMAN and LEWIS, Circuit Judges.

LEWIS, Circuit Judge.

This appeal necessitates the determination of the respective rights of the parties to warehoused seed which was commingled by the warehouseman but remained, notwithstanding such commingling, capable of identification.

The action was instituted by appellees Petzoldt and First National Bank of Lander as a state court action in replevin wherein possessory recovery was sought from Lawrence Warehouse Company1 of...

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