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RESERVE MINING COMPANY v. MESABI IRON COMPANY

No. 5-58 Civ. 109.

172 F.Supp. 1 (1959)

RESERVE MINING COMPANY, a Minnesota corporation, Plaintiff, v. MESABI IRON COMPANY, a Delaware corporation, Arnold Hoffman, Arthur G. Logan, Malcolm S. MacKay, Gilbert M. Haas, Lanfear B. Norrie, Quincy Adams Shaw, Jr., and Odin A. Sundness, Defendants.

United States District Court D. Minnesota, Fifth Division.

March 30, 1959.

Attorney(s) appearing for the Case

Dancer, Montague, Applequist, Lyons, Nolan & Nordine, by J. E. Montague, Duluth, Minn., Jones, Day, Cockley & Reavis, by Walter J. Milde, Wm. K. Jones and George H. Rudolph, Cleveland, Ohio, for plaintiff.

Palmer, Hood, Crassweller & McCarthy, by Ray G. Palmer, Duluth, Minn., Gallop, Climenko & Gould, by Jesse Climenko and Herbert L. Scharf, New York City, for defendants.

DONOVAN, District Judge.

This action, commenced in the state court of Minnesota and removed to federal court, seeks construction of Minnesota contracts and multiple relief in connection therewith. Jurisdiction is based on diversity of citizenship and it is axiomatic that in such a case the United States District Judge is just another Minnesota court in applying the law of the forum and in anticipating Minnesota law in absence of decided cases. Erie R. Co. v. Tompkins...

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