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FIRST NAT. BANK IN DODGE CITY v. JOHNSON COUNTY NAT. B. & T. CO.

No. 7493.

331 F.2d 325 (1964)

The FIRST NATIONAL BANK IN DODGE CITY, Dodge City, Kansas, Appellant, v. The JOHNSON COUNTY NATIONAL BANK AND TRUST COMPANY, Executor of the Estate of L. Leo Burns (Substituted Plaintiff), Oscar M. Wilson and Charles T. Skinner, Co-Partners, d/b/a Burns-Wilson-Skinner Livestock Commission Company, and Harold Thompson, Appellees.

United States Court of Appeals Tenth Circuit.

May 6, 1964.

Attorney(s) appearing for the Case

Stuart S. Gunckel, Denver, Colo. (James A. Williams, Dodge City, Kan., George Stallwitz, Wichita, Kan., Alfred Kuraner and Charles F. Lamkin, Jr., Kansas City, Mo., on the brief), for appellant.

James F. Duncan, Kansas City, Mo. (A. C. Cooke, II, Kansas City, Kan., and Russell W. Baker, Kansas City, Mo., on the brief), for appellees.

Before BREITENSTEIN, HILL and SETH, Circuit Judges.

HILL, Circuit Judge.

The appeal is from an order entered in the court below denying leave to file a counterclaim in a statutory interpleader suit brought under 28 U.S.C.A. § 1335.

The pertinent history of the litigation must be recited. The action was brought by L. Leo Burns, Oscar M. Wilson and Charles T. Skinner, a co-partnership doing business as Burns-Wilson-Skinner Livestock Commission Co., and Harold Thompson (hereinafter referred to as plaintiffs...

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