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ALDEN v. CENTRAL POWER ELECTRIC COOPERATIVE

Civ. No. 2895.

137 F.Supp. 924 (1956)

Vern E. ALDEN et al., Partners in a Limited Partnership Doing Business Under the Name and Style of the Vern E. Alden Company, Plaintiffs, v. CENTRAL POWER ELECTRIC COOPERATIVE, Inc., a North Dakota Corporation, Defendant.

United States District Court D. North Dakota, Northwestern Division.

January 19, 1956.

Attorney(s) appearing for the Case

John C. McKenzie (of Baker, McKenzie, Hightower & Brainerd), Chicago, Ill., and Harold Hager (of Degnan, Hager & McElroy), Grand Forks, N. D., for plaintiffs.

Ward M. Kirby and Theodore Kellogg (of Mackoff, Kellogg, Muggli & Kirby), Dickinson, N. D., for defendant.

REGISTER, District Judge.

The present action arises out of a controversy stemming from the construction of a steam power plant at Velva, North Dakota. The defendant is a North Dakota corporation, and is the owner of the plant. Plaintiffs are residents of the state of Illinois, and are a firm of engineers who participated in the design and construction of the plant. Jurisdiction is based solely upon diversity of citizenship.

The Complaint consists of two counts...

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