MYERS v. COLUMBUS SALES PAVILLION, INC.

No. 83-1483.

723 F.2d 37 (1983)

Howard MYERS, Appellant, v. COLUMBUS SALES PAVILLION, INC., a Nebraska Corporation, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided December 14, 1983.


Attorney(s) appearing for the Case

Gerald L. Friedrichsen, Fitzgerald, Brown, Leahy, Strom, Schorr & Barmettler, Omaha, Neb., for appellant.

Robert D. Mullin, Jr., Boland, Mullin & Walsh, Omaha, Neb., for appellee.

Before ROSS, McMILLIAN and BOWMAN, Circuit Judges.


PER CURIAM.

Plaintiff appeals from an order granting defendant's motion for summary judgment. This is a diversity action by a cattle seller, Myers, against a cattle auction, Columbus Sales Pavillion, Inc. (CSP) for the proceeds of sale of certain cattle sold at CSP. None of the material facts is in dispute.

The 145 head of cattle in question were sold initially by Myers to Joe Blocher, who was doing business under...

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