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ELLSWORTH FREIGHT LINES, INC. v. CONEY

Nos. 15927, 15928.

376 F.2d 475 (1967)

ELLSWORTH FREIGHT LINES, INC., an Iowa corporation, Plaintiff-Appellee, v. Oren E. CONEY, doing business as O. E. Coney Pontiac Sales, Defendant-Appellant. Gerald Henry SHAW, Plaintiff-Appellee, v. Oren E. CONEY, doing business as O. E. Coney Pontiac Sales, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

May 1, 1967.

Attorney(s) appearing for the Case

Arnold H. Duemling, II, J. Michael O'Hara, Barrett, Barrett & McNagny, Fort Wayne, Ind., for appellant.

Gilmore S. Haynie, Fort Wayne, Ind., Wyman Finley, Kendallville, Ind., James A. Angelone, Butler, Ind., William L. Wilks, Norman E. Baker, Livingston, Dildine, Haynie & Yoder, Fort Wayne, Ind., for appellees.

Before SCHNACKENBERG, CASTLE and CUMMINGS, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Oren E. Coney, doing business as O. E. Coney Pontiac Sales, defendant, has appealed from that part of a judgment of the district court entered after a trial by jury, against him and in favor of Ellsworth Freight Lines, Inc., plaintiff in case No. 15927, and likewise from that part of a judgment against him in case No. 15928 in which Gerald Henry Shaw is plaintiff.

These actions seek recovery of damages resulting from the alleged...

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