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NEWELL v. O. A. NEWTON & SON CO.

Civ. No. 1197.

95 F.Supp. 355 (1950)

NEWELL v. O. A. NEWTON & SON CO. et al.

United States District Court D. Delaware.

December 5, 1950.

Attorney(s) appearing for the Case

Thomas Cooch (Morford, Bennethum, Marvel & Cooch) of Wilmington, Del., and K. Thomas Everngam of Denton, Md., for plaintiff.

Hugh M. Morris and George T. Coulson (Morris, Steel, Nichols & Arsht) of Wilmington, Del., and Caleb M. Wright of Georgetown, Del., for defendants.

RODNEY, District Judge.

This case is before the court upon two separate motions: (1) motion of the plaintiff to dismiss the counterclaim of the defendant, O. A. Newton & Son Company; and (2) motion of defendants for the entry of an order requiring the plaintiff to post a bond as security for costs in this action.

An understanding of these motions requires a restatement of the nature of the case and of the procedural...

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