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DOUGLAS-GUARDIAN WAREHOUSE CORP. v. RAMY SEED CO.

No. 16174.

271 F.2d 24 (1959)

DOUGLAS-GUARDIAN WAREHOUSE CORPORATION, Appellant, v. RAMY SEED COMPANY, Seed Marketing Association, Inc., Barzen of Minneapolis, Inc., National Bank of Norfolk, Nebraska, De Lay National Bank, Dean Mosher, Vern Trautman, B. H. Mosher, William (Bill) Acklie, Ervin Renner, and John Does, One to Fifty, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied December 2, 1959.

Attorney(s) appearing for the Case

Malcolm D. Young, Omaha, Neb. (Harold W. Kauffman, Omaha, Neb., Earl J. Moyer, Madison, Neb., and Gross, Welch, Vinardi & Kauffman, Omaha, Neb., on the brief), for appellant.

William A. Sawtell, Jr., Omaha, Neb. (R. J. Shurtleff, Andrew D. Mapes, Norfolk, Neb., Edgar M. Morsman, and Morsman, Maxwell, Fike & Sawtell, Omaha, Neb., on the brief), for appellee, National Bank of Norfolk, Nebraska.

Before GARDNER and VOGEL, Circuit Judges, and MICKELSON, District Judge.

MICKELSON, District Judge.

This is an appeal by Douglas-Guardian Warehouse Corporation, plaintiff in the District Court, from an order dismissing plaintiff's action in the nature of inter-pleader for lack of jurisdiction over the subject matter, ordering the receiver to return to plaintiff the property tendered by it into the registry and custody of the court, and directing that the receiver make a final assessment of costs...

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