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CONDON-CUNNINGHAM CO. v. CATERPILLAR TRACTOR CO.

Civil Action No. 2 — 46.

64 F.Supp. 921 (1946)

CONDON-CUNNINGHAM CO. v. CATERPILLAR TRACTOR CO. et al.

District Court, D. Nebraska, Omaha Division.

February 4, 1946.

Attorney(s) appearing for the Case

Fraser, Connolly, Crofoot & Wenstrand, of Omaha, Neb., for plaintiff.

Monsky, Grodinsky, Marer & Cohen, of Omaha, Neb., for defendant Cliff Miller Machinery Co.

Kennedy, Holland, DeLacy & Svoboda, of Omaha, Neb., for defendant Caterpillar Tractor Co.

DONOHOE, District Judge.

The plaintiff, a co-partnership, filed an action against Caterpillar Tractor Company, a foreign corporation, and Cliff Miller Machinery Company, a co-partnership. The suit is an action for specific performance of a contract claimed to have been breached. Service of summons on the defendant corporation was by service of a summons on Mr. Thomas R. Clark, claimed to be a managing agent, under the provisions of Section 25-511, Revised Statutes...

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