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KENNEDY v. SMITH

No. 71-1222.

463 F.2d 659 (1972)

Thomas Hart KENNEDY, Plaintiff-Appellant, v. Robert L. SMITH et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied July 11, 1972.

Attorney(s) appearing for the Case

Stuart S. Ball, Chicago, Ill. Thomas Hart Kennedy, Santa Barbara, Cal., for plaintiff-appellant.

Larry M. Leiken, Eureka, Ill. Isadore I. Leiken, Minonk, Ill., for defendants-appellees.

Before SWYGERT, Chief Judge, DUFFY, Senior Circuit Judge, and GRANT, District Judge.

DUFFY, Senior Circuit Judge.

This is a suit for damages by a farm landlord (Kennedy) against the operators of a grain elevator (Webbs) and the landlord's tenant (Smith). The suit seeks damages from Smith for breach of a written lease and also seeks to exercise a claimed landlord lien, and to enforce a chattel mortgage against the tenant's share of corn held in the Webbs' grain elevator.

Kennedy also appealed from an order discharging his claim in bankruptcy...

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