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RATH PACKING COMPANY v. PAUL BLOOD FARMS, INC.

Nos. 19491, 19492 and 19493.

419 F.2d 13 (1969)

The RATH PACKING COMPANY, Appellee, v. PAUL BLOOD FARMS, INC.; Paul Blood; Gering National Bank, a Corporation; Robert L. Kelley and Francis Kelley, Appellants, The First National Bank of Morrill, Nebraska, a Corporation, and The Omaha National Bank, a Corporation. The RATH PACKING COMPANY, Appellee, v. PAUL BLOOD FARMS, INC.; Paul Blood; Gering National Bank, a Corporation, Appellants, Robert L. Kelley; Francis Kelley; The First National Bank of Morrill, Nebraska, a Corporation, and The Omaha National Bank, a Corporation. The RATH PACKING COMPANY, Appellant, v. PAUL BLOOD FARMS, INC.; Paul Blood; Gering National Bank, a Corporation, Appellees, Robert L. Kelley; Francis Kelley; The First National Bank of Morrill, Nebraska, a Corporation.

United States Court of Appeals Eighth Circuit.

December 12, 1969.

Attorney(s) appearing for the Case

Floyd E. Wright, of Wright, Simmons & Hancock, Scottsbluff, Neb., for Rath Packing Company; Morris Y. Kinne, Jr., Waterloo, Iowa, was on the brief.

Lester A. Danielson, Scottsbluff, Neb., on the brief for Gering National Bank.

William E. Morrow, Jr., of Swarr, May, Royce, Smith, Andersen & Ross, Omaha, Neb., on the brief for Robert L. Kelley and Francis Kelley.

Before MATTHES, GIBSON and BRIGHT, Circuit Judges.

BRIGHT, Circuit Judge.

Paul Blood, who operated a lamb feed lot near Morrill, Nebraska, in 1964 wrongfully sold several thousand lambs owned by others who had placed those animals in his care for feeding. On June 5, 1964, insufficient lambs remained in his feed lot to satisfy the ownership or lien claims of the parties to this appeal.

Rath Packing Company (Rath) of Waterloo, Iowa, brought this diversity action against Robert L. Kelley and Francis Kelley (Kelley...

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