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ASSOCIATED GENERAL CONTRACTORS v. OTTER TAIL POWER

Civ. No. A78-1009.

457 F.Supp. 1207 (1978)

ASSOCIATED GENERAL CONTRACTORS OF NORTH DAKOTA, a non-profit corporation, Plaintiff, v. OTTER TAIL POWER COMPANY, a corporation, and Bechtel Corporation, a corporation, Defendants.

United States District Court, D. North Dakota, Southwestern Division.

As Amended November 6, 1978.

Attorney(s) appearing for the Case

John D. Kelly and Douglas R. Herman, Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, N. D., for plaintiff.

J. Gerald Nilles, Nilles, Hansen, Selbo, Magill & Davies, Ltd., Fargo, N. D., for Bechtel.

William R. Pearce, Pearce, Anderson, Thames & Durick, Bismarck, N. D., for Otter Tail.

MEMORANDUM AND ORDER

BENSON, Chief Judge.

The above-entitled action was initiated in the District Court of Mercer County, North Dakota, and was subsequently removed to this court pursuant to 28 U.S.C. § 1441. The basis for removal was the diversity of citizenship of the parties. 28 U.S.C. § 1332. The matter is now before the court on defendant Bechtel Corporation's motion to dismiss, and for purposes of the motion the court assumes the factual...

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