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PRASHAR v. VOLKSWAGENWERK AKTIENGESELLSCHAFT

Civ. No. 71-76S.

347 F.Supp. 129 (1972)

Paul D. PRASHAR and Darlene Prashar, Plaintiffs, v. VOLKSWAGENWERK AKTIENGESELLSCHAFT, a corporation, also known as Volkswagenwerk, G.m.b.H., et al., Defendants.

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

September 6, 1972.

Attorney(s) appearing for the Case

Timothy J. Nimick, of Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., for plaintiffs.

G. J. Danforth, Jr., Sioux Falls, S. D., for defendants Volkswagenwerk Aktiengesellschaft, etc., and Volkswagen of America, Inc.

Harold C. Doyle, of May, Johnson & Burke, Sioux Falls, S. D., for defendant Import Motors of Chicago, Inc.

MEMORANDUM DECISION

NICHOL, Chief Judge.

In this action for personal injuries and loss of consortium plaintiffs have moved to strike paragraphs V, VI, and IX of defendant Import Motors of Chicago's (Imoco)1 Separate Answer and Cross Claim as being insufficient. Jurisdiction is based upon diversity of citizenship and the amount in controversy exclusive of interest and costs exceeds $10,000. 28 U.S.C.A. Sec. 1332.

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