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NATIONAL DAIRY PRODUCTS CORP. v. BORDEN COMPANY

No. 63-C-74.

363 F.Supp. 981 (1973)

NATIONAL DAIRY PRODUCTS CORPORATION, Plaintiff, v. The BORDEN COMPANY et al., Defendants.

United States District Court, E. D. Wisconsin.

August 10, 1973.

Attorney(s) appearing for the Case

Edwin M. Luedeka, Fitch, Even, Tabin & Luedeka, C. Lee Cook, Chadwell, Keck, Kayser & Ruggles, Chicago, Ill., Paul R. Puerner, Michael, Best & Friedrich, Milwaukee, Wis., for National Dairy Products Corp. (now by change of name Kraftco Corporation).

Fred Wiviott, Robert P. Harland, Whyte, Hirschboeck, Minahan, Harding & Harland, Patrick W. Cotter, Brady, Tyrrell, Cotter & Cutler, Milwaukee, Wis., for Interim Development Co., Inc. and Hayssen Mfg. Co., a Delaware corp.

Robert A. Downing, Sidley & Austin, Chicago, Ill., David J. Hase, Cook & Franke, Milwaukee, Wis., for The Borden Co.

MYRON L. GORDON, District Judge.

The plaintiff, National Dairy Products Corporation (Kraftco) has moved, pursuant to Rule 12, Federal Rules of Civil Procedure, for an order dismissing the counterclaim of the defendant Borden Company (Borden) primarily upon statute of limitation grounds. The parties' positions have been fully briefed. It is my conclusion that the plaintiff's motion to dismiss should be granted. Therefore, the plaintiff's alternative motion for a severance...

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