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PAT J. MURPHY, INC. v. DRUMMOND DOLOMITE, INC.

No. 60-C-191.

214 F.Supp. 496 (1963)

PAT J. MURPHY, INC., Plaintiff, v. DRUMMOND DOLOMITE, INC., Defendant, v. AMERICAN EMPLOYERS INSURANCE COMPANY, a corporation, Cross-Defendant.

United States District Court E. D. Wisconsin.

March 7, 1963.

Attorney(s) appearing for the Case

O. S. Hoebreckx, Milwaukee, Wis., for plaintiff, Grootemaat, Cook & Franke, Milwaukee, Wis., of counsel.

Malcolm K. Whyte and Victor M. Harding, Milwaukee, Wis., Robert L. Rohde, Sheboygan, Wis., for defendant, Whyte, Hirschboeck, Minahan, Harding & Harland, Milwaukee, Wis., Federer, Grote, Hesslink, Rohde & Neuses, Sheboygan, Wis., of counsel.

James P. Brody and Foley, Sammond & Lardner, Milwaukee, Wis., for cross-defendant.

GRUBB, District Judge.

This is an action by plaintiff, Pat J. Murphy, Inc. (hereinafter called the "contractor"), for damages for breach of contract with alternate claims for quantum meruit and for damages for misrepresentation. Defendant, Drummond Dolomite, Inc. (hereinafter called the "owner"), has cross-claimed against American Employers Insurance Company, the surety on the contractor's performance bond, and counterclaimed against the contractor for damages allegedly...

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