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BYERS TRANSP. CO. v. FOURTH NAT. BANK & TRUST CO., WICHITA

No. 7385.

333 F.2d 822 (1964)

BYERS TRANSPORTATION COMPANY Inc., a Missouri corporation, Appellant, v. The FOURTH NATIONAL BANK & TRUST COMPANY, WICHITA, a corporation, J. W. Rickman, James Dean Rickman, Patricia Ann Rickman, and J. W. Rickman, Jr., Appellees.

United States Court of Appeals Tenth Circuit.

Rehearing Denied August 3, 1964.

Attorney(s) appearing for the Case

John E. Shamberg, Kansas City, Kan. (Joseph Cohen, Charles S. Schnider, Joseph P. Jenkins, Barton P. Cohen, Jacob F. May, Jr., Frederick K. Cross and Norma Braley, Kansas City, Kan., with him on the brief), for appellant.

Malcolm Miller, Wichita, Kan. (Robert C. Foulston, Wichita, Kan., with him on brief), for appellees.

Before MURRAH, Chief Judge, and PICKETT and LEWIS, Circuit Judges.

MURRAH, Chief Judge.

This is an appeal from a judgment of the trial court in an interpleader action awarding appellees-Rickmans the escrow deposit of appellant-Byers Transportation Company as liquidated damages for failure of Byers to comply with a contract between the parties.

The contract provided for Byers to acquire control of Freight Ways, Inc., a common carrier of freight, through the purchase of capital stock owned by the Rickmans and the merger of...

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