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LOEHDE v. WISCONSIN RIVER POWER COMPANY

No. 13650.

304 F.2d 433 (1962)

William H. LOEHDE and Jessie Carolyn Loehde, Plaintiffs-Appellants, v. WISCONSIN RIVER POWER COMPANY, a Wisconsin corporation, and Walter Buchanan, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied July 27, 1962.

Attorney(s) appearing for the Case

Richard P. Tinkham, of Smith, Puchner, Tinkham & Smith, Wausau, Wis., Willard C. Meier, of Nicholson, Nisen & Elliott, Chicago, Ill., for appellants.

Richard S. Brazeau, Theo. W. Brazeau, of Brazeau, Brazeau, Potter & Cole, John M. Potter, Wisconsin Rapids, Wis., for appellees.

Before HASTINGS, Chief Judge, and DUFFY and CASTLE, Circuit Judges.

CASTLE, Circuit Judge.

This diversity action originated in a suit brought in the District Court by plaintiffs-appellants, William H. Loehde and Jessie Carolyn Loehde, against the defendants-appellees, Wisconsin River Power Company (hereinafter referred to as defendant) and Walter Buchanan, its lessee, to recover possession of a forty acre tract of land and to recover damages for materials excavated therefrom and for inundation thereof.

The tract in question...

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