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UNITED STATES v. CLOVERLEAF COLD STORAGE COMPANY

Civ. No. 67-C-3015.

286 F.Supp. 680 (1968)

UNITED STATES of America, Plaintiff, v. CLOVERLEAF COLD STORAGE COMPANY, a Corporation, and Fidelity and Deposit Company of Maryland, a Corporation, Defendants. CLOVERLEAF COLD STORAGE COMPANY, a Corporation, Defendant and Third-Party Plaintiff, v. J. E. WATKINS CO., a Corporation, Third-Party Defendant.

United States District Court N. D. Iowa, W. D.

May 27, 1968.

Attorney(s) appearing for the Case

Steve Turner, Asst. U. S. Atty., Sioux City, Iowa, for plaintiff.

John J. Vizintos, Sioux City, Iowa, for Cloverleaf Cold Storage Co.

Marvin J. Klass, Sioux City, Iowa, for Fidelity and Deposit Co. of Maryland.

Emmet Tinley and Jack W. Peters, Council Bluffs, Iowa, for J. E. Watkins Co.

MEMORANDUM AND ORDER

HANSON, District Judge.

This ruling is predicated upon third-party plaintiff Cloverleaf Cold Storage Company's motion for summary judgment. Resistance has been filed thereto.

The instant action was commenced by the plaintiff against the defendant for the alleged breach of a storage contract between the Commodity Credit Corporation and the defendant. The Complaint alleges that thirty-nine carlots of butter were contaminated with...

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