McGRAW ELECTRIC COMPANY v. LEWIS & SMITH DRUG CO.

No. 33593.

68 N.W.2d 608 (1955)

159 Neb. 703

McGRAW ELECTRIC COMPANY, a Corporation, Appellant, v. LEWIS & SMITH DRUG CO., Inc., a Corporation, Appellee.

Supreme Court of Nebraska.

As Modified on Denial of Rehearing May 6, 1955.


Attorney(s) appearing for the Case

Jack W. Marer, Samuel V. Cooper, Omaha, Herman T. Van Mell, Chicago, Ill., Amicus Curiae, Sunbeam Corp.

Shotwell, Vance & Marchetti, Omaha, Lynn A. Williams, Chicago, Ill., for appellant.

Swarr, May, Royce, Smith & Storey, Omaha, for appellee.

Heard before SIMMONS, C. J., and CARTER, MESSMORE, YEAGER, CHAPPELL, WENKE, and BOSLAUGH, JJ.


YEAGER, Justice.

This is an action in equity by McGraw Electric Company, a corporation, plaintiff and appellant, against Lewis & Smith Drug Co., Inc., a corporation, defendant and appellee, instituted and tried in the district court for Douglas County, Nebraska. The case was tried to the court at the conclusion of which a decree was rendered in favor of the defendant and against the plaintiff. Following the rendition of decree a motion for new trial was duly made...

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