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ANDERSON v. EDUCATIONAL PUBLISHERS

Civ. No. 3208.

133 F.Supp. 82 (1950)

Rose G. ANDERSON, Plaintiff, v. EDUCATIONAL PUBLISHERS, Incorporated, a corporation, also doing business under the trade name of Educational Test Bureau, and County School and Office Supply Co., and Ruth Kuhlmann, Defendants.

United States District Court D. Minnesota, Fourth Division.

October 17, 1950.

Attorney(s) appearing for the Case

Benedict Deinard, Minneapolis, Minn. (Leonard, Street & Deinard, Minneapolis, Minn., of counsel), appeared in behalf of the plaintiff.

T. O. Streissguth and Streissguth, Berens & Rodenberg, New Ulm, Minn., and O. S. Vesta, Arlington, Minn., appeared in behalf of defendant Educational Publishers, Incorporated.

Cleon Headley, St. Paul, Minn. (Morgan, Chase, Headley & Hoshour, St. Paul, Minn., of counsel), appeared in behalf of defendant Ruth Kuhlmann.

NORDBYE, Chief Judge.

The plaintiff and the late Dr. Frederick Kuhlmann, Sr., developed and revised the Kuhlmann-Anderson Intelligence Test and ancillary material required for its administration. As of January 2, 1937, they contracted with the defendant corporation, hereinafter sometimes called "the publisher" or "E. T. B.", for publication of the tests and materials throughout the United States. Paragraphs II and VII of the contract provided,

"II. That the...

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