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L. S. GOOD & COMPANY v. H. DAROFF & SONS, INC.

Civ. A. No. 1547-W.

279 F.Supp. 925 (1968)

L. S. GOOD & COMPANY, a corporation, Plaintiff, v. H. DAROFF & SONS, INC., a corporation, Defendant.

United States District Court N. D. West Virginia.

January 25, 1968.

Attorney(s) appearing for the Case

Jeremy C. McCamic, Wheeling, W. Va., for plaintiff.

Sam E. Schafer, Wheeling, W. Va., Harry Norman Ball and H. Donald Busch, Philadelphia, Pa., for defendant.

MAXWELL, Chief Judge.

This case is now before the Court on defendant's motion to dismiss the amended complaint for failure to state a claim upon which relief may be granted. A similar motion was made to the original complaint and this Court, in granting that motion, allowed the plaintiff 30 days to amend its complaint "so as to set forth a cause of action based on the common law." L. S. Good & Company v. H. Daroff & Sons, Inc., 263 F.Supp...

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