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STUTZMAN FEED SERVICE, INC. v. TODD & SARGENT, INC.

Civ. No. 4-948-D.

336 F.Supp. 417 (1972)

STUTZMAN FEED SERVICE, INC., formerly Satellite Mills, Inc., Plaintiff, v. TODD & SARGENT, INC., et al., Defendants.

United States District Court, S. D. Iowa, Davenport Division.

January 24, 1972.

Attorney(s) appearing for the Case

Gene R. Krekel, Hirsch, Wright, Link & Adams, Burlington, Iowa, for plaintiff.

Hegland, Newbrough, Johnston & Brewer, James A. Brewer, Ames, Iowa, for defendants.

MEMORANDUM OPINION

STUART, District Judge.

This matter has come before the Court on the Motion for Summary Judgment filed by defendants Todd & Sargent, Inc. and Warren Sargent on March 26, 1971. The motion is based on three propositions. (1) Plaintiff had no capacity to sue as its corporate certificate had been cancelled before suit was brought. (2) Stutzman Feed Services, Inc. was not a proper party as the contract had been assigned to Satellite Mills...

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