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AR-TIK SYSTEMS v. McCULLOUGH

Civ. A. No. P-1541.

133 F.Supp. 807 (1955)

AR-TIK SYSTEMS, Incorporated, an Indiana corporation, Plaintiff, v. H. A. McCULLOUGH, H. F. McCullough and H. A. McCullough and H. F. McCullough, d/b/a McCullough's Dairy Queen, Defendants.

United States District Court S. D. Illinois, N. D.

September 8, 1955.

Attorney(s) appearing for the Case

Virgil Bozeman, of Bozeman, Moran & Klockau, Moline, Ill., for plaintiff.

Robert Graham, of Sollo, Graham & Califf, Moline, Ill., and Harry E. Witherell, Peoria, Ill., for defendants.

ADAIR, District Judge.

This is an action to recover damages for breach of contract.

The original contract involved was drafted by the defendant, H. A. McCullough and accepted by Harry M. Oltz on July 31, 1939. Both of these parties have subsequently transferred their interests in that contract, as well as their interests in subsequent modifications and additional contracts to other parties — Harry M. Oltz having transferred his interest in the contract...

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