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MATTSON v. CUYUNA ORE COMPANY

No. 5-59 Civil 32.

180 F.Supp. 743 (1960)

Edward D. MATTSON, E. Duran Mattson as Trustee of the John Mattson Trust, Elizabeth Mattson Berry, Emma Morgan, Anna Elisabet Sundell, Syster Maria Ohman, Gottfrid Emanuel Sundell, Berta Eleanor Marks, Inga Lill Sonja Kristina Ekholm, Olaf Arvid Sundell, Hilda Sofia Sundell, Elsa Regina Karlsson, Jennie Marie Lind, Inez Maj Valborg Hedin, Inga Britt Viktoria Lind, and Sven Ake Lind, Plaintiffs, v. CUYUNA ORE COMPANY, an Ohio Corporation, Defendant.

United States District Court D. Minnesota, Fifth Division.

January 27, 1960.

Attorney(s) appearing for the Case

Nolan and Alderman, by Robert R. Alderman, Brainerd, Minn., for plaintiffs.

Nye, Montague, Sullivan & McMillan, by Edward T. Fride and Philip M. Hanft, Jr., Duluth, Minn., for defendant.

DONOVAN, District Judge.

This action for breach of contract based on certain lease agreements was commenced by service of summons and complaint on August 7, 1959. Motions to dismiss by the defendant and to amend the complaint have been made and disposed of.1

The instant second motion to dismiss is directed at the complaint and is based upon all the files, proceedings, depositions in the case, and the supporting affidavit of Everett...

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