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GARNAS v. AMERICAN FARM EQUIPMENT CO.

Civ. No. A3-80-78.

502 F.Supp. 349 (1980)

Donald GARNAS, Plaintiff, v. AMERICAN FARM EQUIPMENT COMPANY, Division of AFE Industries, Inc., Defendant and Counter-Claimant, v. Donald GARNAS, Counter-Claimee and Third-Party Plaintiff, v. MILBANK MUTUAL INSURANCE COMPANY, Third-Party Defendant.

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

November 24, 1980.

Attorney(s) appearing for the Case

John D. Kelly, Vogel, Brantner, Kelly, Knutson, Weir & Bye, Fargo, N.D., for plaintiff on complaint.

Richard A. Clapp, Letnes, Marshall, Fiedler & Clapp, Ltd., Grand Forks, N.D., for plaintiff on counterclaim only.

Stephen W. Plambeck, Nilles, Hansen, Selbo, Magill & Davies, Ltd., Fargo, N.D., for American Farm Equipment Co.; John R. Doyle, McDermott, Will & Emery, Chicago, Ill., of counsel.

Richard N. Jeffries, Cahill, Gunhus, Grinnell, Jeffries, Klinger, Vinje & Swenson, Moorhead, Minn., for Milbank Mut. Ins. Co.; Harold Halgrimson, Fargo, N.D., of counsel.

MEMORANDUM AND ORDER

BENSON, Chief Judge.

Plaintiff in the above entitled action filed suit in Cass County District Court, East Central Judicial District of North Dakota against defendant American Farm Equipment Company (AFE). AFE received notice of the action no later than March 20, 1980. Plaintiff alleges on December 2, 1976, he ordered a 1977 American Automated Grain Dryer from G. E. S. Industries1 which was delivered to him...

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