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BENEDICTUS v. SUNDSTRAND MACH. TOOL CO.

No. 8282.

138 F.2d 504 (1943)

BENEDICTUS v. SUNDSTRAND MACH. TOOL CO.

Circuit Court of Appeals, Seventh Circuit.

October 30, 1943.

Attorney(s) appearing for the Case

John Early, B. B. Early, and Albert D. Early, all of Rockford, Ill., for appellant.

C. K. Welsh, F. A. Welsh, and R. T. Welsh, all of Rockford, Ill., for appellee.

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

KERNER, Circuit Judge.

In this case the District Court dismissed plaintiff's complaint on the ground that the complaint failed to state a cause of action.

The complaint shows affirmatively the requisite jurisdictional amount and the necessary diversity of citizenship. The facts admitted to be true for the purpose of testing their sufficiency are that plaintiff was defendant's agent to sell certain milling machines in Belgium, and as such agent, on January...

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