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TEXTRON, INC. v. HOMES BEAUTIFUL

No. 16023.

261 F.2d 646 (1958)

TEXTRON, Inc., a corporation, Appellant, v. HOMES BEAUTIFUL, Inc., a corporation, Barney Sigel, Kathryn B. Sigel and Harry D. Goldberg, Appellees.

United States Court of Appeals Eighth Circuit.

December 16, 1958.

Attorney(s) appearing for the Case

M. L. Culhane, Minneapolis, Minn. (M. E. Culhane and James E. Culhane, Minneapolis, Minn., on the brief), for appellant.

Joseph A. Rheinberger, St. Paul, Minn., for appellees.

Before SANBORN, WOODROUGH and VOGEL, Circuit Judges.

SANBORN, Circuit Judge.

This action was brought by Textron, Inc., as plaintiff, against Homes Beautiful, Inc., and its officers, Barney Sigel, Kathryn B. Sigel and Harry D. Goldberg, to obtain a judgment against them for $7,165.56, representing a balance due Textron for materials sold and delivered. Jurisdiction was based on diversity of citizenship.

The claim upon which the action was based was stated in the complaint as follows:

"That between March...

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