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KELLY TIRE SERVICE, INC. v. KELLY-SPRINGFIELD TIRE CO.

No. 17448.

338 F.2d 248 (1964)

KELLY TIRE SERVICE, INC., Now Known as D and D Tire Company, Inc., Dan's Realty, Inc., and Dr. Dan Toriello, Appellants, v. The KELLY-SPRINGFIELD TIRE COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

November 16, 1964.

Attorney(s) appearing for the Case

Max Putnam, of Putnam, Putnam & Putnam, Des Moines, Iowa, for appellants.

Sherwin J. Markman, of Brody, Parker, Roberts Thoma & Harris, Des Moines, Iowa, Donald J. Brown, Des Moines, Iowa, for appellee.

Before VAN OOSTERHOUT, BLACKMUN and MEHAFFY, Circuit Judges.

MEHAFFY, Circuit Judge.

Plaintiffs, Kelly Tire Service, Inc., Dan's Realty, Inc. and Dr. Dan Toriello, brought suit against defendant, The Kelly-Springfield Tire Company, for damages sounding in tort and contract. Dr. Toriello owned Dan's Realty, Inc. and was the principal promoter and stockholder of Kelly Tire Service, Inc. The plaintiffs jointly will sometimes be referred to here as plaintiff.

Jurisdiction exists...

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