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AMERICAN CASUALTY CO. v. DAKOTA TRACTOR AND EQUIPMENT CO.

Civ. No. 3921.

234 F.Supp. 606 (1964)

AMERICAN CASUALTY COMPANY OF READING, PENNSYLVANIA, a Pennsylvania corporation, Plaintiff, v. DAKOTA TRACTOR AND EQUIPMENT COMPANY OF FARGO, NORTH DAKOTA, a North Dakota corporation, Defendant.

United States District Court D. North Dakota, Southeastern Division.

October 28, 1964.

Attorney(s) appearing for the Case

Russell R. Mather and Thomas A. Mayer, of Fleck, Smith, Mather & Strutz, Bismarck, N. D., for plaintiff.

E. T. Conmy, Jr., and Charles A. Feste, of Conmy, Conmy & Feste, Fargo, N. D., for defendant.

RONALD N. DAVIES, District Judge.

This action was commenced by American Casualty Company of Reading, Pennsylvania, a Pennsylvania corporation, against Dakota Tractor and Equipment company of Fargo, North Dakota, a North Dakota corporation. Jurisdiction is based upon diversity of citizenship and the requisite amount in controversy. American Casualty here seeks to recover on two indemnity agreements executed by Dakota Tractor by which that corporation agreed to indemnify...

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