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UNITED STATES v. McDONALD GRAIN AND SEED COMPANY

Civ. No. 2997.

154 F.Supp. 329 (1957)

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.

September 20, 1957.

Attorney(s) appearing for the Case

Ralph B. Maxwell, Asst. U. S. Atty., Fargo, N. D., and George R. Springborg, Atty. in Charge, St. Paul Field Office, Office of General Counsel, St. Paul, Minn., for plaintiff.

Herbert G. Nilles (of Nilles, Oehlert & Nilles), Fargo, N. D., and John A. McEachron, Jr. and George D. McClintock, Jr. (of Faegre & Benson), Minneapolis, Minn., for the moving defendant, McCabe Co.

Vernon Johnson (of Johnson & Milloy), Wahpeton, N. D., for defendants McDonald Grain & Seed Co., and Cecil McDonald.

Mart R. Vogel (of Wattam, Vogel, Vogel, Bright & Peterson), Fargo, N. D., and William D. Flaskamp (of Meagher, Geer, Markham & Anderson), Minneapolis, Minn., for defendant American Surety Co. of New York.

Gerald G. Glaser, Bismarck, N. D., for defendant Public Service Commission of N. D.

Manfred R. Ohnstad, West Fargo, N. D., for defendant James E. Leahy, trustee in bankruptcy for McDonald Grain & Seed Co. a bankrupt corporation.

REGISTER, Chief Judge.

This is a suit brought by the United States of America, plaintiff, as the real party in interest, based upon claims of the Commodity Credit Corporation for alleged conversion of grain.

Commodity Credit Corporation is an agency and instrumentality of the United States, within the Department of Agriculture, and was created by the provisions of Title 15 U.S.C.A. § 714. The purpose of said corporation is specified in that section, and...

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