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McCRORY CORPORATION v. DURWOOD AMERICAN INC.

Civ. No. 03684.

343 F.Supp. 150 (1972)

McCRORY CORPORATION, a Corporation, Plaintiff, v. DURWOOD AMERICAN INC., a Corporation, and Westroads, Inc., a Corporation, Defendants. DURWOOD AMERICAN INC., a Corporation, Third Party Plaintiff, v. A. BORCHMAN SONS CO., a Corporation, and Sol Lewis Engineering Co., a Corporation, Third Party Defendants. SOL LEWIS ENGINEERING CO., a Corporation, Fourth Party Plaintiff, v. The GATES RUBBER COMPANY, a Corporation, Fourth Party Defendant.

United States District Court, D. Nebraska.

June 1, 1972.

Attorney(s) appearing for the Case

William E. Morrow, Jr., and Richard H. Hoch, Omaha, Neb., for plaintiff McCrory.

Thomas J. Walsh, Omaha, Neb., for defendant Durwood.

John K. Boyer, Omaha, Neb., for defendant Westroads.

Frederick B. Allan, Jr. and Larry R. Forman, Omaha, Neb., for third party defendant, A. Borchman Sons.

Robert L. Berry, Omaha, Neb., for third party defendant, Sol Lewis Eng. Co.

John R. Douglas, Omaha, Neb., for fourth party defendant, Gates Rubber Co.

MEMORANDUM DECISION

DENNEY, District Judge.

This matter comes before the Court for trial without a jury. Evidence has been received and post-trial written arguments have been submitted. The Court will now render a decision.

Jurisdiction is in the Court pursuant to 28 U.S.C. § 1332. Subsequent to the filing of the complaint, the plaintiff was granted leave, in open court, to amend by interlineation to properly allege diversity. Plaintiff's amendment...

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