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LUICK v. GRAYBAR ELECTRIC COMPANY, INC.

Nos. 72-1216, 72-1217.

473 F.2d 1360 (1973)

Dale LUICK, doing business as Luick Construction Company, Plaintiff-Appellant, v. GRAYBAR ELECTRIC COMPANY, INC., Defendant-Appellee. GRAYBAR ELECTRIC COMPANY, INC., a corporation, Plaintiff-Appellee, v. NATIONAL SURETY CORPORATION, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided February 13, 1973.

Rehearing Denied March 8, 1973.

Attorney(s) appearing for the Case

Bruce E. Bohlman, Fargo, N. D., for appellants.

Michael L. Culhane, Minneapolis, Minn., for appellee.

Before MATTHES, Chief Judge, and GIBSON and HEANEY, Circuit Judges.

GIBSON, Circuit Judge.

This appeal concerns two separately filed actions, one in North Dakota and the other in Minnesota. The cases involve the same parties with the exception that the surety was sued in the Minnesota case. The Minnesota case subsequently was transferred to North Dakota and the cases although not consolidated were discussed together at a pretrial hearing and disposed of separately in a single unpublished memorandum by the late Judge George S. Register...

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