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WALKER TRANSPORTATION COMPANY v. NEYLON

No. 19059.

396 F.2d 558 (1968)

WALKER TRANSPORTATION COMPANY, Inc., Appellant, v. John E. NEYLON, Appellee.

United States Court of Appeals Eighth Circuit.

June 27, 1968.

Attorney(s) appearing for the Case

Walter R. James of James, McFarland & Trimble, North Kansas City, Mo., for appellant.

Patrick E. Hartigan of Margolin & Kirwan, Kansas City, Mo., for appellee; F. Philip Kirwan, of Margolin & Kirwan, Kansas City, Mo., and Baylor, Evnen, Baylor & Urbom, Lincoln, Neb., Stern, Harris, Feldman & Becker, Omaha, Neb., and James E. Ryan, Lincoln, Neb., were on the brief.

Before MEHAFFY, GIBSON and HEANEY, Circuit Judges.

FLOYD R. GIBSON, Circuit Judge.

The District Court for the Western District of Missouri granted specific performance of a contract to purchase an ICC Certificate of Public Convenience and Necessity. The holder of the Certificate and defendant below, Walker Transportation Company, Inc., formerly Kansas-Nebraska Xpress, Inc. appeals.1 This is a diversity case in a requisite jurisdictional amount, and Missouri law applies. It is undisputed...

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