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WASHINGTON SCIENTIFIC IND., INC. v. AMERICAN SAFEGUARD CORP.

No. 4-69 Civ. 270.

308 F.Supp. 736 (1970)

WASHINGTON SCIENTIFIC INDUSTRIES, INC., a Minnesota corporation, Plaintiff, v. AMERICAN SAFEGUARD CORPORATION, a New York corporation, individually and doing business as "American Safeguard Engineer, ASE Division American Safeguard Corporation," and James Radcliffe Meade, Defendants.

United States District Court, D. Minnesota, Fourth Division.

February 4, 1970.

Attorney(s) appearing for the Case

Lindquist & Vennum, by Edward M. Glennon, Minneapolis, Minn., for plaintiff.

Altman, Geraghty, Leonard & Mulally, by Alan W. Weinblatt, St. Paul, Minn., for defendants.

NEVILLE, District Judge.

Defendants ask for a dismissal of the above declaratory judgment action arising out of an alleged contract on three bases: (1) lack of service on defendants, attempted to be made by plaintiff under the Minnesota long-arm "single act" statutes; (2) lack of the jurisdictional amount of $10,000 necessary to sustain this as a diversity action in federal court; (3) impropriety of the declaratory judgment form of action.

Plaintiff admits...

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