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AGRISTOR LEASING v. KRAMER

Civ. No. 4-84-944.

640 F.Supp. 187 (1986)

AGRISTOR LEASING, Plaintiff, v. Herman KRAMER, Jr., and Jo Lynn Kramer, Defendants and Third-Party Plaintiffs, v. HAWKE & COMPANY HARVESTORE, INC., a Minnesota corporation, A.O. Smith Harvestore Products, Inc., a Delaware corporation, A.O. Smith Corporation, a New York corporation, Third-Party Defendants.

United States District Court, D. Minnesota, Fourth Division.

July 28, 1986.

Attorney(s) appearing for the Case

John Kallestad and Steven Lichtag, Schneider & Kallestad, Willmar, Minn., and Keith Hanson, Fetterley and Purdy, P.A., Minneapolis, Minn., for defendants and third-party plaintiffs.

Mary Rumsey, Best & Flanagan, Minneapolis, Minn., for third-party defendant A.O. Smith Harvestore Products, Inc.

James Malecki, Gislason, Dosland, Hunter & Malecki, New Ulm, Minn., for third-party defendant Hawke & Co. Harvestore, Inc.

Steven C. Eggiman, Meagher, Geer, Markham, Anderson, Adamson, Flaskamp, & Brennan, Minneapolis, Minn., for third-party defendant A.O. Smith Corp.

DIANA E. MURPHY, District Judge.

AgriStor Leasing (AgriStor) brought this action for damages, a writ of replevin, and attorney's fees and costs against defendants Herman Kramer, Jr. and Jo Lynn Kramer, alleging breach of lease and wrongful retention of property. Defendants counterclaimed, alleging breach of warranty, fraud, negligence and strict liability. The Kramers also brought a third-party complaint against A.O. Smith (Smith), A.O. Smith Harvestore Products,...

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