James Talcott, Inc. v. Associates Discount Corp.

YOUNG, District Judge.

This is an action to replevin an Insley dragline. Jurisdiction under 28 U.S.C. § 1332 (1958) has been established. The cause was tried to the Court sitting without a jury on February 27, 1961; upon consideration of the pre-trial briefs of the parties, the evidence adduced at trial, and the briefs submitted after trial, I have decided that the plaintiff cannot prevail and accordingly find in favor of the defendants.

The McConnells are merely nominal parties to this action as they hold possession of the machine in question subject to the determination of title and the right…