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FEDERAL NATIONAL MORTGAGE ASS'N v. TIESO & KOSTKA CORP.

Civ. Nos. 1620-1738.

137 F.Supp. 186 (1955)

FEDERAL NATIONAL MORTGAGE ASSOCIATION, a corporation organized and existing pursuant to Title III of the National Housing Act, as amended, Plaintiff, v. TIESO & KOSTKA CORPORATION, a Minnesota corporation, Walter C. Kutscher, Sam Brown, Phelps-Drake Company, Incorporated, a Minnesota corporation, Paul E. Donahue, dba Donahue Engineering Company, St. Paul-Mercury Indemnity Company, a corporation, John Smoltz, Ilmer E. Seppi and Toivo M. Seppi, dba Virginia Cement Block Company and Seppi Brothers Concrete, W. F. Stepnitz, dba W. F. Stepnitz Agency, Morris H. Greenberg, as Receiver of the property and affairs of Tieso & Kostka Corporation, Defendants.

United States District Court D. Minnesota, Fifth Division.

November 23, 1955.

Attorney(s) appearing for the Case

R. B. Reavill (of Reavill, Jenswold, Neimeyer & Johnson), Duluth, Minn., for plaintiff.

David W. Nord (of Meagher, Geer, Markham & Anderson), Minneapolis, Minn., for defendant St. Paul-Mercury Indemnity Co.

John G. Bouthilet (of Bouthilet, Daubney & Swenson), St. Paul, Minn., for defendant Morris H. Greenberg, as Receiver.

DONOVAN, District Judge.

This matter comes before the Court on motion of the defendant St. Paul-Mercury Indemnity Company for (1) an order of judgment in its favor or (2) in the alternative an order of dismissal of the complaint without prejudice, and (3) in the event of denial of the two foregoing motions, then for an order staying all future proceedings until further order of the Court. The first two motions are denied and the third (requesting a stay) is granted...

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