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MISSISSIPPI VAL. STRUC. STEEL CO. v. HUBER, HUNT & NICHOLS, INC.

No. P-2990.

295 F.Supp. 139 (1969)

MISSISSIPPI VALLEY STRUCTURAL STEEL CO., a corporation, and Kenwood Construction Company, a corporation, Plaintiffs, v. HUBER, HUNT & NICHOLS, INC., a corporation, Defendant.

United States District Court S. D. Illinois, N. D.

January 7, 1969.

Attorney(s) appearing for the Case

Donald A. Morgan, Davis, Morgan & Witherell, Peoria, Ill., Isham, Lincoln & Beale, Bishop, Burdett, Falasz & Ericson, Chicago, Ill., for plaintiffs.

Robert D. Jackson, Westervelt, Johnson, Nicoll & Keller, Peoria, Ill., Christopher Kirages, Dutton, Kappes & Overman, Indianapolis, Ind., for defendant.

DECISION AND ORDER ON MOTION TO DISMISS

ROBERT D. MORGAN, District Judge.

The complaint here contains two counts. Count I involves both plaintiffs and seeks damages from defendant for alleged breach of contract. Count II, involving only plaintiff Mississippi Valley and defendant, seeks payment of an alleged unpaid contract balance. The matter is before the Court on motion to dismiss Count I.

Plaintiffs are both alleged to be Illinois corporations...

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