WINCHELL v. LORTSCHER

No. 18603.

377 F.2d 247 (1967)

Kenneth H. WINCHELL, Appellant, v. David LORTSCHER, Appellee.

United States Court of Appeals Eighth Circuit.

May 22, 1967.


Attorney(s) appearing for the Case

Martin A. Cannon, Omaha, Neb., for appellant.

John J. Higgins, Jr., Omaha, Neb., for appellee.

Before VOGEL, Chief Judge, and GIBSON and HEANEY, Circuit Judges.


VOGEL, Chief Judge.

Plaintiff-appellant, Kenneth H. Winchell, commenced this action in Federal District Court on December 10, 1963, claiming a breach by defendant-appellee, David Lortscher, of a grain storage contract. On December 20, 1963, defendant-appellee moved to dismiss on several grounds, one of them being that the same issues had previously been litigated between the same parties in the District Court of Pawnee County, Nebraska, and that judgment therein entered...

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