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UNITED STATES v. FARMERS MUT. INS. ASS'N OF KIRON, IOWA

No. 16594.

288 F.2d 560 (1961)

UNITED STATES of America, Appellant, v. FARMERS MUTUAL INSURANCE ASSOCIATION OF KIRON, IOWA, Appellee.

United States Court of Appeals Eighth Circuit.

April 3, 1961.

Attorney(s) appearing for the Case

William R. Crary, Asst. U. S. Atty., Sioux City, Iowa, for appellant. F. E. Van Alstine, U. S. Atty., Sioux City, Iowa, on the brief.

Harry H. Miller, Sioux City, Iowa, and Sterling Alexander, Des Moines, Iowa, for appellee.

Before SANBORN, VAN OOSTERHOUT and MATTHES, Circuit Judges.

VAN OOSTERHOUT, Circuit Judge.

The issue presented by this appeal is whether the trial court committed error in sustaining defendant's motion to dismiss the Government's complaint and in treating such motion as a motion for summary judgment and in entering final judgment dismissing the complaint.

This action is brought by the United States of America based upon a claim of the Commodity Credit Corporation (CCC), its...

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