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UNITED STATES v. E. W. SAVAGE & SON, INC.

Civ. Nos. 71-35S, 71-36S and 71-38S.

343 F.Supp. 123 (1972)

UNITED STATES of America, Plaintiff, v. E. W. SAVAGE & SON, INC., Defendant and Third-Party Plaintiff, v. Robert W. SHIELDS, Third-Party Defendant. UNITED STATES of America, Plaintiff, v. ADAMS DOUGHERTY LIVESTOCK COMMISSION COMPANY, Defendant and Third-Party Plaintiff, v. Robert W. SHIELDS, Third-Party Defendant. UNITED STATES of America, Plaintiff, v. OLSEN-FRANKMAN COMMISSION COMPANY, Defendant and Third-Party Plaintiff, v. Robert W. SHIELDS, Third-Party Defendant.

United States District Court, D. South Dakota, S. D.

May 26, 1972.

Attorney(s) appearing for the Case

David R. Gienapp and Robert D. Hiaring, Asst. U. S. Attys., for plaintiff.

Claude A. Hamilton and David V. Vrooman, Sioux Falls, S. D., for defendants and third party plaintiffs.

Gale E. Fisher, of May, Johnson & Burke, Sioux Falls, S. D., for third party defendant.

MEMORANDUM DECISION

NICHOL, Chief Judge.

Upon the completion of the evidence all parties to this action moved for a directed verdict. The Court granted the plaintiff's motion against the three principal defendants, who are the livestock commission agents, and the three principal defendants' motions against the third party defendant, Shields. Because of the importance of this decision and the recent admonition by the Eighth Circuit Court of Appeals not to...

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