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McCALLA v. A. J. INDUSTRIES, INC.

Civ. A. No. 71-C-573.

352 F.Supp. 544 (1973)

David McCALLA et al., Plaintiff, v. A. J. INDUSTRIES, INC., et al., Defendants.

United States District Court, E. D. Wisconsin.

January 12, 1973.

Attorney(s) appearing for the Case

Robert J. Misey, Patrick T. McMahon and Vernon Erbstoeszer, Milwaukee, Wis., for plaintiffs.

John Scripp, Milwaukee, Wis., and H. Vincent McNalley, Los Angeles, Cal., for defendant A. J. Industries, Inc.

John Harris, Russellville, Ark., for defendants Marine Sales and Services, Inc. and Charles Smith.

MEMORANDUM DECISION AND ORDER FOR DISMISSAL

REYNOLDS, District Judge.

This is a diversity action for alleged misrepresentation and breach of contract. Plaintiffs were Wisconsin consumers at the time this action arose. Plaintiff Vernon Erbstoeszer is still a citizen of Wisconsin; plaintiff David McCalla is now a citizen of Florida. They are seeking to rescind a contract in which they purchased a houseboat from defendants. Defendant Marine Sales and Services...

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