Martin v. Better Taste Popcorn Co.

SWITZER, District Judge.

The petition, as so designated by plaintiffs, was filed and the action commenced in the District Court of Iowa in and for Fremont County, wherein, as alleged, there is situated 4J4 million pounds of stored popcorn, a part of which is the property of the plaintiffs, having been commingled with the remainder and unidentifiable therefrom.

Plaintiffs seek a decree determining the respective interests of each of the owners of said stored popcorn, claiming said popcorn cannot be divided or partitioned in kind; for a referee to take possession thereof, and preserve the same…