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WAGNER TRACTOR, INC. v. SHIELDS

Nos. 20745, 20758.

370 F.2d 73 (1966)

WAGNER TRACTOR, INC., and FWD Wagner, Inc., Defendants-Appellants, v. W. E. SHIELDS, Trustee in Bankruptcy for Frost Machinery Company, Ltd., Plaintiff-Appellee. W. E. SHIELDS, Trustee in Bankruptcy for Frost Machinery Company, Ltd., Plaintiff-Appellant, v. WAGNER TRACTOR, INC., and FWD Wagner, Inc., Defendants-Appellees.

United States Court of Appeals Ninth Circuit.

December 15, 1966.

Attorney(s) appearing for the Case

Marshall C. Cheney, Jr., John P. Ronchetto, of Mize, Kriesien, Fewless & Cheney, Portland, Or., for appellants.

William D. Campbell, of Freed & Campbell, Portland, Or., Walter C. Newman, Q. C., Winnipeg, Manitoba, Canada, for appellee.

Before CHAMBERS, BARNES and DUNIWAY, Circuit Judges.

BARNES, Circuit Judge:

This is a consolidation of two appeals from the United States District Court for the District of Oregon. The trial court's jurisdiction was based upon 28 U.S.C. § 1332. This court has jurisdiction under 28 U.S.C. § 1291.

Wagner Tractor, Inc. (hereinafter "Wagner") is a manufacturer of construction and farm machinery. Shields is the trustee in bankruptcy for Frost Machinery Company, Ltd. (hereinafter "Frost"). Frost was a dealer...

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