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DIECKMANN v. MARSHALL

No. 33547.

457 S.W.2d 242 (1970)

Albert B. DIECKMANN, Sr., Plaintiff-Appellant, v. James M. MARSHALL, Defendant-Respondent.

St. Louis Court of Appeals, Missouri.

July 28, 1970.

Attorney(s) appearing for the Case

Shaw, Hanks & Bornschein, L. L. Bornschein, Clayton, for plaintiff-appellant.

Schaper & Woods, Philip Schaper, Jr., Bowling Green, for defendant-respondent.

WOLFE, Presiding Judge.

This is an action in replevin wherein the plaintiff seeks to recover some tools which he alleges that he left in the custody of James M. Marshall, a deputy sheriff. He sought judgment for recovery of the tools and if delivery of the tools could not be had, then in the alternative he asked for a judgment for the value of the tools which he alleged to be $3,500. There was a directed verdict for the defendant at the close of plaintiff's case and...

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