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P. P. FARMERS' ELEVATOR CO. v. FARMERS ELEV. MUT. INS. CO.

No. 16493.

395 F.2d 546 (1968)

P. P. FARMERS' ELEVATOR COMPANY, a Corporation, Plaintiff-Appellant, v. FARMERS ELEVATOR MUTUAL INSURANCE CO., and New Amsterdam Casualty Company, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

May 28, 1968.

Attorney(s) appearing for the Case

Maurice W. Kepner, Springfield, Ill., of counsel; Roberts & Kepner, Springfield, Ill., for plaintiff-appellant.

Jack E. Horsley, Richard F. Record, Jr., Craig & Craig, Mattoon, Ill., for Farmers Elevator Mutual Insurance Company, a Corporation, defendant-appellee.

George B. Gillespie, Patrick J. Cadigan, Springfield, Ill., Paul D. Wilson, Des Moines, Iowa, Gillespie, Burke & Gillespie, Springfield, Ill., for New Amsterdam Casualty Company, a Corporation, defendant-appellee.

Before SCHNACKENBERG, KILEY and FAIRCHILD, Circuit Judges.

FAIRCHILD, Circuit Judge.

This is an appeal by plaintiff from a judgment dismissing its complaint for failure to state a cause of action. The first question raised, however, is whether this action, begun in a state court, was properly before the district court.

Plaintiff, P.P. Farmers' Elevator Company, an Illinois corporation with its principal place of business in Illinois, filed its complaint July 21, 1966 in the circuit court for Sangamon county, Illinois...

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