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DIXON v. NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS

No. 4-66 Civ. 65.

297 F.Supp. 485 (1969)

Howard G. DIXON, Homer Denno, Albino Zanchettin, Fred R. Harris, Joseph F. Walker, Arthur W. Rankin, Lehman H. Mengel, Karl G. Strickler, Plaintiffs, v. NORTHWESTERN NATIONAL BANK OF MINNEAPOLIS, Defendant and Third-Party Plaintiff, v. John B. DRAKE et al., Third-Party Defendants.

United States District Court D. Minnesota, Fourth Division.

March 19, 1969.

Attorney(s) appearing for the Case

Ronald D. Olson, Carlsen, Greiner & Law, Minneapolis, Minn., for plaintiffs.

Faegre & Benson, by Wright W. Brooks and George E. Harding, Minneapolis, Minn., for defendant and third-party plaintiff.

Dorsey, Marquart, Windhorst, West & Halladay, by Horace Hitch, Minneapolis, Minn., for defendants Drakes.

Rider, Bennett, Egan & Johnson, by Stuart W. Rider, Jr., Minneapolis, Minn., for D. P. Jesson, Venita O'Shaughnessy and E. R. Gallagher.

Henson & Webb, by Robert F. Henson, Minneapolis, Minn., for Bayard.

Robert L. Van Fossen, Minneapolis, Minn., for defendants Cuffel, Nordstrom, Bixby, Borden, Victorson & Burroughs.

NEVILLE, District Judge.

Presently before the court is defendant's pretrial motion to quash plaintiffs' demand for a jury trial in this action on the grounds that the issues raised herein are exclusively equitable in nature. The third-party defendants join in supporting defendant's motion.

The complaint in the action asserts that defendant bank, the trustee under an employees' profit sharing trust, improperly used...

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