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SOUTH OMAHA TERMINAL RY. CO. v. ARMOUR AND COMPANY

No. 71-1464.

449 F.2d 1265 (1971)

SOUTH OMAHA TERMINAL RAILWAY CO., Appellee, v. ARMOUR AND COMPANY, Appellant.

United States Court of Appeals, Eighth Circuit.

October 26, 1971.

Attorney(s) appearing for the Case

Donald H. Bowman, Lincoln, Neb., for appellant.

Viren, Epstein & Leahy, Omaha, Neb., for appellee.

Before HEANEY, BRIGHT and ROSS, Circuit Judges.

PER CURIAM.

Appellee has filed a motion under Rule 8 of the Rules of this Court to affirm the judgment of the district court1 as expressed in its Memorandum Opinion of July 19, 1971 or, in the alternative, to dismiss appellant's appeal. Since appellee's motion to dismiss does not raise a jurisdictional question, we must deny it; however, for reasons stated hereafter, we grant appellee's motion to affirm.

The sole question before...

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