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NORTH AMERICAN PLYWOOD CORP. v. OSHKOSH TRUNK & L. CO.

No. 12441.

263 F.2d 543 (1959)

NORTH AMERICAN PLYWOOD CORPORATION, a New York corporation, Plaintiff-Appellant, v. OSHKOSH TRUNK & LUGGAGE CO., a Wisconsin corporation, Joseph H. Plotkin and Samuel D. Plotkin, Defendants Appellees.

United States Court of Appeals Seventh Circuit.

February 17, 1959.

Attorney(s) appearing for the Case

Lawrence E. Fleischman, Carroll Teller, Chicago, Ill., for appellant, Teller Levit & Silvertrust, Chicago, Ill., of counsel.

Sherwin J. Stone, Maurice G. Shanberg, Chicago, Ill., for appellees, Marshall & Marshall, Chicago, Ill., of counsel.

Before DUFFY, Chief Judge, and SCHNACKENBERG and KNOCH, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

Plaintiff, North American Plywood Corporation, a New York corporation, brought a tort action for damages against defendants, Oshkosh Trunk & Luggage Co. (herein referred to as Oshkosh), a Wisconsin corporation, Joseph A. Plotkin and Samuel D. Plotkin.

The district court sustained defendants' motion to dismiss plaintiff's amended complaint and entered judgment for defendants, from which plaintiff has appealed. The controlling...

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