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PAT J. MURPHY, INC. v. DRUMMOND DOLOMITE, INC.

No. 60-C-191.

232 F.Supp. 509 (1964)

PAT J. MURPHY, INC., Plaintiff, v. DRUMMOND DOLOMITE, INC., Defendant, v. AMERICAN EMPLOYERS INSURANCE COMPANY, a corporation, Cross-Defendant.

United States District Court E. D. Wisconsin.

August 13, 1964.

Attorney(s) appearing for the Case

O. S. Hoebreck, Milwaukee, Wis., for plaintiff, Grootemaat, Cook & Franke, Milwaukee, Wis., of counsel.

Malcolm K. Whyte, Victor M. Harding and Martin R. Browning, Milwaukee, Wis., Robert L. Rohde, Sheboygan, Wis., for defendant, Federer, Grote, Hesslink, Rohde & Neuses, Sheboygan, Wis., Whyte, Hirschboeck, Minahan, Harding & Harland, Milwaukee, Wis., of counsel.

James P. Brody, Gilbert W. Church and Foley, Sammond & Lardner, Milwaukee, Wis., for cross-defendant.

GRUBB, District Judge.

This is an action to recover damages for losses sustained in the construction of a road on Drummond Island, Michigan. Jurisdiction of the cause is based on diversity of citizenship of the parties. The prior decision rendered herein is hereby incorporated by reference.

Plaintiff, Pat J. Murphy, Inc. (hereinafter called the "Contractor"), is a Wisconsin corporation engaged in the excavating business. The president of the Contractor is...

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