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FARMERS MUTUAL HAIL INS. CO. OF IOWA v. FOX TURKEY FARMS

Nos. 16702, 16703.

301 F.2d 697 (1962)

FARMERS MUTUAL HAIL INSURANCE COMPANY OF IOWA, Appellant, v. FOX TURKEY FARMS, INC., Appellee. FOX TURKEY FARMS, INC., Appellant, v. FARMERS MUTUAL HAIL INSURANCE COMPANY OF IOWA, Appellee.

United States Court of Appeals Eighth Circuit.

Rehearing Denied May 23, 1962.

Attorney(s) appearing for the Case

Ellsworth E. Evans, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., made argument for Farmers Mut. Hail Ins. Co.; Deming Smith and Robert C. Heege, of Davenport, Evans, Hurwitz & Smith, Sioux Falls, S. D., were with him on the brief.

Ross H. Oviatt, Watertown, S. D., and James L. Fox, Chicago, Ill., made argument and filed brief for Fox Turkey Farms, Inc.

Before JOHNSEN, Chief Judge, and WOODROUGH and MATTHES, Circuit Judges.

PER CURIAM.

In this diversity case, which was tried on the theory that South Dakota law controls, we have two appeals presented. In No. 16,702, Farmers Mutual Hail Insurance Company of Iowa has appealed from the judgment following verdict in favor of Fox Turkey Farms, Inc., on an alleged oral contract of insurance. Fox Farms filed a cross-appeal which presents the single question of whether it is entitled to interest on the amount of the judgment from the date of...

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