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STANDARD BRANDS, INCORPORATED v. MILLARD

No. 12655.

273 F.2d 882 (1960)

STANDARD BRANDS, INCORPORATED, a Delaware corporation, Plaintiff-Appellant, v. Earl F. MILLARD, Defendant-Appellee.

United States Court of Appeals Seventh Circuit.

Rehearing Denied February 18, 1960.

Attorney(s) appearing for the Case

R. Walston Chubb, St. Louis, Mo., Preston K. Johnson, Jr., Belleville, Ill., Johnson, Johnson, Ducey & Dixon, Belleville, Ill., Robert S. Allen, Lewis, Rice, Tucker, Allen & Chubb, St. Louis, Mo., for appellant.

Marvin E. Klitsner, Lyman A. Precourt, Fairchild, Foley & Sammond, Milwaukee, Wis., for appellee.

Before MAJOR, DUFFY and SCHNACKENBERG, Circuit Judges.

SCHNACKENBERG, Circuit Judge.

This is an appeal by Standard Brands, Incorporated, plaintiff, from a judgment of the District Court sustaining a motion of Earl F. Millard, defendant, to dismiss a complaint against him filed in a diversity of citizenship case by plaintiff, and dismissing the cause. As alleged in the complaint, plaintiff sued as "assignee of substantially all of the assets of Clinton Foods, Inc. (hereinafter referred to as `Clinton'), a Delaware

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