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KELLER v. CLARK EQUIPMENT COMPANY

Civ. No. 4839.

367 F.Supp. 1350 (1973)

Louis J. KELLER and Cyril N. Keller, Plaintiffs, v. CLARK EQUIPMENT COMPANY and Clark Equipment A. G., Defendants.

United States District Court, D. North Dakota, Southeastern Division.

December 21, 1973.

Attorney(s) appearing for the Case

Alan Foss, Van Osdel, Foss & Miller, Fargo, N. D., Malcolm L. Moore and Herman H. Bains, Williamson, Bains & Moore, Minneapolis, Minn., for plaintiffs.

Kermit Edward Bye, Wattam, Vogel, Vogel & Peterson, Fargo, N. D., Thomas D. Allen and Fred E. Schulz, Wildman, Harrold, Allen & Dixon, Chicago, Ill., for defendants.

MEMORANDUM AND ORDER

BENSON, Chief Judge.

Clark Equipment Company and Clark Equipment A.G., the defendants in the above entitled action, have made several motions which will be treated seriatim.

I.

On August 20, 1973, Clark Equipment Company and Clark Equipment A.G. (hereinafter referred to as Clark A.G.), moved this court to stay the above action pending the outcome of a declaratory judgment action entitled Clark Equipment Company v. Louis...

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