MOSS v. CALUMET PAVING COMPANY

Nos. IP 61-C-180, 61-C-181.

201 F.Supp. 426 (1962)

Ralph L. MOSS, d/b/a Moss Construction Company v. CALUMET PAVING COMPANY, Traylor Bros., Inc., E. E. Schnitzius Co., Inc., and Indiana Toll Road Commission (two cases).

United States District Court S. D. Indiana, Indianapolis Division.

January 31, 1962.


Attorney(s) appearing for the Case

Quinn, Howard & Clark, Coleman, Gemmer & Rabb, and Bowen, Myers, Northam & Given, Indianapolis, Ind., and Mann, Mann, Chaney & Johnson, Terre Haute, Ind., for plaintiff.

Ross, McCord, Ice & Miller, Indianapolis, Ind., for defendant, Calumet Paving Co.

Max Klezmer, Indianapolis, Ind., for defendant, E. E. Schnitzius Co., Inc.

Robert L. McMahan, George A. Purvis and Krieg, DeVault, Alexander & Capehart, Indianapolis, Ind., for defendant Indiana Toll Road Commission.

John E. Early and Paul F. Arnold, Evansville, Ind., for defendant, Traylor Bros., Inc.


STECKLER, Chief Judge.

These causes came before the court on motions to dismiss, filed by the defendant, Indiana Toll Road Commission. The actions are for alleged breach of contract. As an alternative, the defendant Commission moves to stay the proceedings for the reason that similar actions are pending in the Circuit Court of Marion County, Indiana.

In Cause No. IP 61-C-180, the defendant moves to dismiss the action "because the court lacks jurisdiction of...

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