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GENERAL INSURANCE CO. v. SCHNELL LIVESTOCK MARKET, INC.

No. 18010.

354 F.2d 649 (1966)

GENERAL INSURANCE COMPANY OF AMERICA, Appellant, v. SCHNELL LIVESTOCK MARKET, INC., Appellee.

United States Court of Appeals Eighth Circuit.

January 6, 1966.

Attorney(s) appearing for the Case

Donald R. Shultz, of Whiting, Lynn, Freiberg & Shultz, Rapid City, S. D., for appellant.

Ward M. Kirby, of Mackoff, Kellogg, Kirby & Kloster, Dickinson, N. D., for rehearing.

Before MATTHES and GIBSON, Circuit Judges, and REGAN, District Judge.

PER CURIAM.

The matter now before the Court is a petition for rehearing filed by Schnell Livestock Market. In the decision of this case, we reversed the District Court of South Dakota and declared that General Insurance Company could not be held liable on a statutory "Market Agency Bond" issued to cover the activities of Martin when acting as commission agent. The basis of our decision was simply that in the transactions between Martin and Schnell, Martin was acting...

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