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CHICAGO GREAT WESTERN RY. CO. v. FARMERS PRODUCE CO.

Civ. No. 783.

164 F.Supp. 532 (1958)

CHIGAGO GREAT WESTERN RAILWAY COMPANY, Plaintiff, v. FARMERS PRODUCE COMPANY, Elmer Wilharm and Emaline Wilharm, a co-partnership doing business as Farmers Produce Company, Elmer Wilharm and Emaline Wilharm, Individually, Defendants.

United States District Court N. D. Iowa, E. D.

August 19, 1958.

Attorney(s) appearing for the Case

Hubert C. Jones, John N. Hughes and Eugene Davis, of Evans, Duncan, Jones, Hughes & Riley, Des Moines, Iowa, for plaintiff.

Oliver J. Reeve, Waverly, Iowa, for defendants.

GRAVEN, District Judge.

In this action the plaintiff seeks to recover from the defendants under an indemnity provision in a contract. The plaintiff is a railway corporation organized under the laws of the State of Delaware. The defendants Elmer Wilharm and Emaline Wilharm, as co-partners, have since about 1940 been engaged in business in the Town of Tripoli, Bremer County, Iowa, under the trade name of Farmers Produce Company. They are citizens of the State of Iowa...

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