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MARSHALL CONST. CO. v. M. BERGER CO.

Civ. No. 81-2288.

533 F.Supp. 793 (1982)

MARSHALL CONSTRUCTION COMPANY, Plaintiff, v. M. BERGER COMPANY, Defendant.

United States District Court, W. D. Arkansas, Fort Smith Division.

On Motion to Removal February 23, 1982.

Attorney(s) appearing for the Case

James M. Dunn, Warner & Smith, Fort Smith, Ark., for plaintiff.

William M. Thompson, Thompson, Paddock & Llewellyn, Fort Smith, Ark., for defendant.

MEMORANDUM OPINION

WATERS, Chief Judge.

On November 9, 1981, the plaintiff filed suit in the Circuit Court of Logan County, Arkansas, against the defendant alleging that in October, 1980, the defendant, a corporation organized in a state other than Arkansas, mailed to plaintiff at its address in Booneville, Arkansas, a circular containing advertisements for various items of commercial, industrial, and construction supplies and equipment. It is alleged that...

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