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ONTARIO LIVESTOCK COMMISSION CO. v. FLYNN

No. 51245.

126 N.W.2d 362 (1964)

ONTARIO LIVESTOCK COMMISSION CO., Appellant, v. William D. FLYNN, d/b/a Flynn Commission Co., and Marvin Kastner, Appellees.

Supreme Court of Iowa.

February 11, 1964.

Attorney(s) appearing for the Case

Pizey, Sears & DeWitt, Sioux City, for appellant.

Stilwill, Wilson & Rhinehart, Sioux City, for appellee William D. Flynn, d/b/a Flynn Commission Co.

Daniel C. Galvin and John T. O'Brien, Sioux City, for appellee Marvin Kastner.

GARFIELD, Chief Justice.

This is a law action in two counts by Ontario Livestock Commission Co. of Ontario, Oregon, against defendants Kastner and Flynn, who live in or near Sioux City, Iowa, for alleged conversion of two shipments, each of 65 cattle, from plaintiff to Kastner. Plaintiff claims the cattle were obtained by fraud upon worthless drafts and delivered by Kastner to Flynn, a livestock commission merchant, who sold them and paid Kastner the proceeds of the...

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