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MORKIRK, INC. v. WALTER E. HELLER & COMPANY

Civ. No. 65-15N.

273 F.Supp. 231 (1967)

MORKIRK, INC., a Corporation, Plaintiff, v. WALTER E. HELLER & COMPANY, a Corporation, Chicago, Illinois, Defendant.

United States District Court D. South Dakota, N. D.

September 1, 1967.

Attorney(s) appearing for the Case

Gallagher & Battey, Redfield, S. D., for plaintiff.

Agor, Siegel, Barnett & Schutz, Aberdeen, S. D., and Greenberger, Krauss & Jacobs, Chicago, Ill., for defendant.

MEMORANDUM DECISION

BECK, District Judge.

Morkirk, Inc., a corporation,1 for its theory under its first cause of action, insists that the transactions identified as Exhibits A, B, C, D, E, F, G, H, I, J, K, L, M, N, and O are South Dakota contracts, here to be performed, that they are loans of money, SDC 38.0101 (1939), with interest rates exceeding the legal in this state, SDC 31.0108 (1939), and usurious, SDC 38.0109 (1939...

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