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UNITED STATES v. UNITED MARKETING ASSOCIATION

No. 16620.

291 F.2d 851 (1961)

UNITED STATES of America, Appellant, v. UNITED MARKETING ASSOCIATION, a partnership, H. W. Helgevold, and Izola M. Boyd, Executrix of the Estate of G. C. Boyd, deceased, Appellees.

United States Court of Appeals Eighth Circuit.

June 29, 1961.

Attorney(s) appearing for the Case

W. Harold Bigham, Atty., Civ. Div., Dept. of Justice, Washington, D. C., for appellant. George Cochran Doub, Asst. Atty. Gen., and John G. Laughlin, Atty., Civ. Div., Dept. of Justice, Washington, D. C., and F. E. Van Alstine, U. S. Atty., Sioux City, Iowa, on the brief.

Alan Loth, Fort Dodge, Iowa, for appellees. Lyman Lundy, Eldora, Iowa, on the brief.

Before VOGEL and BLACKMUN, Circuit Judges, and BECK, District Judge.

VOGEL, Circuit Judge.

This is an appeal from an order of the District Court granting summary judgment in favor of the appellees, United Marketing Association, a partnership, and the individual partners thereof, in an action brought by the United States, appellant, to recover damage for the conversion of shelled corn purchased by the appellees from the Burt Grain Company. The claim of conversion arose out of the following situation: The Commodity Credit Corporation...

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