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FRED JOHNSON CEMENT BLOCK CO. v. WAYLITE COMPANY

No. 5-59 Civ. 36.

182 F.Supp. 914 (1960)

FRED JOHNSON CEMENT BLOCK CO., a Minnesota corporation, Plaintiff, v. WAYLITE COMPANY, an Illinois corporation, and Zenith Concrete Products Company, a Minnesota corporation, Defendants.

United States District Court D. Minnesota, Fifth Division.

April 18, 1960.

Attorney(s) appearing for the Case

Lewis, Hammer, Heaney, Weyl & Halverson, by Gene Halverson and Alton J. Olson, Duluth, Minn., for plaintiff.

Nye, Montague, Sullivan & McMillan, by James G. Nye, Duluth, Minn., for defendant Waylite Co.

Johnson, Bruess & Davis, by Daniel A. Davis, Duluth, Minn. for defendant Zenith Concrete Pro. Co.

DONOVAN, District Judge.

This matter came on for hearing before the Court at Duluth, Minnesota, on October 9, 1959, on motions by both defendants to dismiss. Subsequently, defendant The Waylite Company changed its motion to a motion for summary judgment, and on March 18, 1960, both motions came on for hearing. Defendants will be referred to as Waylite and Zenith, respectively.

On August 12, 1959, plaintiff filed...

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