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ECONOMY FUSE & MFG. CO. v. RAYMOND CONCRETE PILE CO.

No. 7114.

111 F.2d 875 (1940)

ECONOMY FUSE & MFG. CO. v. RAYMOND CONCRETE PILE CO.

Circuit Court of Appeals, Seventh Circuit.

May 6, 1940.

Attorney(s) appearing for the Case

William A. Morrow, Walter M. Fowler, and Gardner, Foote, Morrow & Merrick, all of Chicago, Ill. (Robert L. Elliott, Jr., of Chicago, Ill., of counsel), for appellant.

Edward R. Adams, Herbert C. De Young, Amos C. Miller, Robert W. Wales, and William Simon, all of Chicago, Ill., for appellee.

Before SPARKS and MAJOR, Circuit Judges, and LINDLEY, District Judge.

LINDLEY, District Judge.

Plaintiff appeals from a judgment based upon a ruling overruling plaintiff's demurrer to defendant's plea of the Statute of Limitations to each count of the declaration. The pleadings, filed when common law procedure was the rule in Illinois, were, as provided by the Conformity Act, 28 U.S.C.A. § 724, in accord with that practice.

The declaration contained seven counts, paragraphs 1 to 5, inclusive, of each of which are identical...

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