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CARSON CONSTRUCTION CO. v. FULLER-WEBB CONSTRUCTION

Civ. No. 2240.

198 F.Supp. 464 (1961)

CARSON CONSTRUCTION CO., doing business as Helena Sand & Gravel Company, a corporation, Plaintiff, v. FULLER-WEBB CONSTRUCTION, a joint venture, consisting of George A. Fuller Co., a corporation, and Del E. Webb Corporation, a corporation; and George A. Fuller Co., a corporation, and Del E. Webb Corporation, a corporation, Defendants.

United States District Court D. Montana, Great Falls Division.

October 16, 1961.

Attorney(s) appearing for the Case

Skedd, Harris & Massman and Hollis Gay Connors, Helena, Mont., for plaintiff.

Hall, Alexander & Kuenning, Great Falls, Mont., for defendants.

JAMESON, District Judge.

This action was commenced in the District Court of the First Judicial District of the State of Montana, in and for the County of Lewis and Clark. It was removed to this court by the defendant corporations, George A. Fuller Co. and Del E. Webb Corporation.

Plaintiff has filed an amended motion to remand to the state court on two grounds: (1) " * * * that defendant Fuller-Webb Construction, a joint venture, or partnership association...

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