SMITH CORPORATION v. PRE-FAB TRANSIT CO.,

No. 13128.

287 F.2d 210 (1961)

A. O. SMITH CORPORATION, a New York corporation, Plaintiff-Appellee, v. PRE-FAB TRANSIT CO., Inc., an Illinois corporation, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

February 27, 1961.


Attorney(s) appearing for the Case

Lyle E. Lipe, Stephenson & Lipe, Springfield, Ill., for defendant-appellant.

Norman H. Quale, Milwaukee, Wis., Donald H. Sanborn, Springfield, Ill., for plaintiff-appellee.

Before DUFFY, SCHNACKENBERG and KNOCH, Circuit Judges.


SCHNACKENBERG, Circuit Judge.

Pre-Fab Transit Co., Inc., an Illinois corporation, defendant, has appealed from a summary judgment which the district court entered against it in favor of A. O. Smith Corporation, a New York corporation, plaintiff.

It is alleged in defendant's brief that the pleadings (par. 4 of the complaint), depositions and admissions on file (par. 4 of the Roberson affidavit), show that there is a material question of fact and plaintiff is...

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