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JORSKI MILL & ELEVATOR CO. v. FARMERS ELEVATOR MUT. INS. CO.

No. 9228.

404 F.2d 143 (1968)

JORSKI MILL & ELEVATOR CO., Inc., and Millers Mutual Insurance Association of Illinois, Appellants, v. FARMERS ELEVATOR MUTUAL INSURANCE COMPANY, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied November 21, 1968.

Attorney(s) appearing for the Case

Walter D. Hanson, Oklahoma City, Okl. (Hanson, Fisher, Tumilty, Peterson, Melton & Tompkins and John Garrett, Oklahoma City, Okl., on the brief), for appellants.

J. Edward Barth, Oklahoma City, Okl. (Barefoot, Moler, Bohanon & Barth, Oklahoma City, Okl., and Major C. Ginsberg, Dallas, Tex., of counsel, on the brief), for appellee.

Before WILBUR K. MILLER, BREITENSTEIN and SETH, Circuit Judges.

BREITENSTEIN, Circuit Judge.

Appellee-plaintiff Farmers Elevator Mutual Insurance Company paid the Commodity Credit Corporation, an agency of the United States, for a loss sustained by the failure of appellant-defendant Jorski Mill & Elevator Co., Inc., to perform obligations assumed by it under a Uniform Grain Storage Agreement which it had made with CCC. Farmers sued Jorski and its surety, appellant-defendant Millers Mutual Insurance Association of Illinois...

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