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PIERCE DITCHING CO. v. CLOW CORP.

No. CIV-2-75-48.

460 F.Supp. 227 (1975)

PIERCE DITCHING COMPANY, Plaintiff, v. CLOW CORPORATION, Defendant.

United States District Court, E. D. Tennessee, Northeastern Division.

July 17, 1975.

Attorney(s) appearing for the Case

John S. McLellan, Jr., John S. McLellan, III and Charlton R. DeVault, Jr., McLellan & DeVault, Kingsport, Tenn., for plaintiff.

Richard M. Currie, Jr., Wilson, Worley, Gamble & Ward, Kingsport, Tenn., Jonathan C. Bunge and William G. Schopf, Jr., Chicago, Ill., for defendant.

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

This is a removed, 28 U.S.C. § 1441(a), diversity action, 28 U.S.C. §§ 1332(a)(1), (c), for damages for breach of contract of the parties. The defendant moved the Court to stay the proceedings. The plaintiff objected.

The following facts appear from the affidavits filed in support and in opposition to such motion to be undisputed: (1) From September, 1968 through 1970, the plaintiff...

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