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JOHN MOHR & SONS v. APEX TERMINAL WAREHOUSES, INC.

No. 17434.

422 F.2d 638 (1970)

JOHN MOHR & SONS, Plaintiff-Appellee, v. APEX TERMINAL WAREHOUSES, INC. and O. W. Martin, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Rehearing Denied March 30, 1970.

Attorney(s) appearing for the Case

Thomas W. Munger, J. Frederick Hoffman, Lafayette, Ind., for defendants-appellants.

George T. Schilling, James V. McGlone, of Stuart, Branigin, Ricks & Schilling, Lafayette, Ind., for plaintiff-appellee.

Before MAJOR, Senior Circuit Judge, and FAIRCHILD and KERNER, Circuit Judges.

MAJOR, Senior Circuit Judge.

This diversity action was instituted on August 18, 1967, by John Mohr & Sons (hereinafter called plaintiff or Mohr), as lessor, against Apex Terminal Warehouses, Inc. (hereinafter called Apex or the corporate defendant), as lessee, to recover rent, damages for injury to property and attorney's fees under a grain terminal lease dated November 4, 1965, effective as of October 1, 1965. The same recovery was sought against the president...

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