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ODDO v. INTERSTATE BAKERIES, INC.

No. 16235.

271 F.2d 417 (1959)

Victor ODDO, d.b.a. Oddo's Food Center, Appellant, v. INTERSTATE BAKERIES, INC., Appellee.

United States Court of Appeals Eighth Circuit.

Opinion Modified On Rehearing December 29, 1959.

Attorney(s) appearing for the Case

William Harrison Norton, North Kansas City, Mo., and S. Preston Williams, North Kansas City, Mo. (Wilbur L. Pollard, Kansas City, Mo., and Williams & Norton, North Kansas City, Mo., on the brief), for appellant.

John Murphy, Kansas City, Mo. (J. Gordon Siddens, and Tucker, Murphy, Wilson & Siddens, Kansas City, Mo., on the brief), for appellee.

Before WOODROUGH, VAN OOSTERHOUT and MATTHES, Circuit Judges.

Opinion Modified On Rehearing December 29, 1959. See 271 F.2d 959.

WOODROUGH, Circuit Judge.

This action was begun March 6, 1957 in the Circuit Court of Jackson County, Missouri, and removed to the federal court for diversity of citizenship. It was alleged in the complaint that:

The plaintiff owned and operated a grocery business at 1031 Burlington Avenue near the North end of the A.S.B. bridge in North Kansas City...

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