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WARNER & SWASEY CO. v. RUSTERHOLZ

No. 232 Civil.

41 F.Supp. 498 (1941)

WARNER & SWASEY CO. v. RUSTERHOLZ.

District Court, D. Minnesota, Third Division.

October 27, 1941.

Attorney(s) appearing for the Case

W. T. Kinder, Thomas H. Jones and Frank E. Joseph, all of Cleveland, Ohio, and Cleon Headley and David W. Raudenbush, both of St. Paul, Minn., for plaintiff.

Theophil Rusterholz, Arthur A. Stewart, and James S. Kean, all of St. Paul, Minn., for defendant.

SULLIVAN, District Judge.

The plaintiff has moved for summary judgment pursuant to Rule 56, Rules of Civil Procedure, Title 28, U.S.C.A. following section 723c, in its favor. The defendant has made a like motion for judgment in her favor. The motions are based upon the pleadings and the stipulation of facts filed herein. It is unnecessary to recite the facts, since the same are fully set out in the stipulation.

The plaintiff's cause of action is based upon...

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