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UNITED STATES v. McDONALD GRAIN AND SEED COMPANY

Civ. No. 2997.

135 F.Supp. 854 (1955)

UNITED STATES of America, Plaintiff. v. McDONALD GRAIN AND SEED COMPANY, a corporation; Cecil McDonald; Public Service Commission of the State of North Dakota; The McCabe Company, a corporation; Tri-State Mutual Grain Dealers Fire Insurance Company, a corporation; and American Surety Company of New York, a corporation, Defendants.

United States District Court D. North Dakota, Southeastern Division.

November 18, 1955.

Attorney(s) appearing for the Case

Robert L. Vogel, U. S. Atty., Fargo, N. D., and Ralph B. Maxwell, Asst. U. S. Atty., Fargo, N. D., for plaintiff.

Mort B. Skewes, Luverne, Minn., and Herbert G. Nilles, of Nilles, Oehlert & Nilles, Fargo, N. D., for defendant Tri-State Mut. Grain Dealers Fire Ins. Co.

DAVIES, District Judge.

This is an action brought by the United States on a claim of the Commodity Credit Corporation against six defendants including Tri-State Mutual Grain Dealers Fire Insurance Company, a Minnesota corporation authorized to do business in North Dakota.

The claim against the insurance company arose out of a warehouse fire at Barney, North Dakota, on 14 June 1954 which destroyed merchandise worth $892.80 and Commodity Credit Corporation grain...

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