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W. H. ELLIOTT & SONS CO. v. E. & F. KING & CO.

Civ. A. No. 1465.

144 F.Supp. 401 (1956)

W. H. ELLIOTT & SONS CO., Inc. v. E. & F. KING & CO., Incorporated, and Nuodex Products Co., Inc.

United States District Court D. New Hampshire.

April 18, 1956.

Attorney(s) appearing for the Case

McLane, Carleton, Graf, Greene & Brown, Stanley M. Brown, Manchester, N. H., for plaintiff.

Upton, Sanders & Upton, John H. Sanders, Concord, N. H., for E. & F. King & Co.

Sulloway, Jones, Hollis & Godfrey, Frank J. Sulloway, Concord, N. H., for Nuodex Products Co.

CONNOR, District Judge.

This is a civil action brought by W. H. Elliott & Sons Co., Inc. against two foreign corporations, E. & F. King & Co., Incorporated and Nuodex Products Co., Inc. The complaint alleges two theories of recovery on separate counts, the first for negligence, and the second for breach of warranty. Jurisdiction is based on diversity of citizenship, and service of process was made under Rule 4(d)(3) and (7) of Federal Rules of Civil Procedure...

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