SWIFT & COMPANY v. JAMESTOWN NATIONAL BANK

Nos. 19643, 19644.

426 F.2d 1099 (1970)

SWIFT AND COMPANY, a Corporation, Appellant, v. JAMESTOWN NATIONAL BANK, a Corporation, and Alvin Hornbacher, Doing Business as Jamestown Livestock Sales, Appellees. SWIFT AND COMPANY, a Corporation, Appellee, v. JAMESTOWN NATIONAL BANK, a Corporation, and Alvin Hornbacher, Doing Business as Jamestown Livestock Sales, Appellants.

United States Court of Appeals, Eighth Circuit.

May 21, 1970.


Attorney(s) appearing for the Case

Armond G. Erickson, of Tenneson, Serkland, Lundberg & Erickson, Fargo, N.D., on brief for Swift and Co.

John Hjellum, of Hjellum, Weiss, Nerison, Jukkala & Vinje, Jamestown, N.D., on brief for Jamestown National Bank, and others.

Before BLACKMUN, MEHAFFY and LAY, Circuit Judges.


LAY, Circuit Judge.

Swift and Company (hereinafter Swift) appeals from a judgment entered upon a jury verdict in favor of Jamestown National Bank, a corporation (hereinafter Bank), as well as from a dismissal of its claim brought against Alvin Hornbacher, d/b/a Jamestown Livestock Sales. Swift brought suit against the Bank and Hornbacher for wrongful conversion of 85 head of cattle, which had been maintained in pens in Jamestown, North Dakota by one Donald Sholts...

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