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HOUSTON-STARR COMPANY v. BEREA BRICK & TILE COMPANY

No. 35865.

197 F.Supp. 492 (1961)

HOUSTON-STARR COMPANY, Plaintiff, v. BEREA BRICK & TILE COMPANY, Defendant.

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

June 23, 1961.

Attorney(s) appearing for the Case

George I. Meisel, Squire, Sanders & Dempsey, Cleveland, Ohio, Philip Huss, Jr., Lewis & Drew, Pittsburgh, Pa., for plaintiff.

David L. Daley, Stith, Daley & Butler, Elyria, Ohio, for defendant.

McNAMEE, District Judge.

This is a diversity action, the plaintiff being a corporate citizen of Pennsylvania and the defendant a corporate citizen of Ohio. Plaintiff is now and for 55 years has been engaged in the sale of builders' supplies including bricks. Twice during its business life plaintiff has been a manufacturer of bricks. Defendant is and has been a manufacturer of bricks for about 5 years. Plaintiff claims that commencing in June, 1958 and continuing through...

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