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FARMERS CO-OP. OIL CO. ETC. v. SOCONY-VACUUM OIL CO.

Civil Action No. 97.

51 F.Supp. 440 (1943)

FARMERS CO-OP. OIL CO. OF SHELDON, IOWA, v. SOCONY-VACUUM OIL CO., Inc., et al.

District Court, N. D. Iowa, W. D.

September 14, 1943.

Attorney(s) appearing for the Case

E. G. Dunn, of Mason City, Iowa, and Edward E. Baron, of Sioux City, Iowa, for plaintiff.

Deloss P. Shull, Henry C. Shull, and J. E. Marshall, all of Sioux City, Iowa, and David T. Searls, of Chicago, Ill., for defendants.

SCOTT, District Judge.

The above entitled cause came before the Court on the 7th day of September, 1943, on the motion of the defendants alternatively to strike or dismiss a second amended complaint. The first ground stated in the motion is that plaintiff's second amended complaint fails to state a claim upon which relief can be granted. The second ground is that the pleading violates the order of the Court of Appeals and of this Court in granting leave to amend....

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