ELECTRO NUCLEAR SYSTEMS CORP. v. TELEX CORP.

No. 43830.

205 N.W.2d 127 (1973)

ELECTRO NUCLEAR SYSTEMS CORPORATION, Appellant, v. TELEX CORPORATION, Respondent.

Supreme Court of Minnesota.

March 2, 1973.


Attorney(s) appearing for the Case

Lindquist & Vennum, and John B. Winston, Minneapolis, for appellant.

Henson & Tully, and Joseph T. Dixon, Jr., Minneapolis, for respondent.

Heard before KNUTSON, C. J., and TODD, MacLAUGHLIN, and OLSON, JJ.


PER CURIAM.

Plaintiff commenced action in 1964 against defendant. This claim was purchased by Robert Burnight, a former director of plaintiff, from bankruptcy proceedings of plaintiff in 1969 and no action was taken until 1972, when defendant's motion for dismissal on the merits for failure to prosecute was granted. We affirm.

Plaintiff's claim against defendant arises out of alleged oral representations regarding the purchase of certain switching equipment...

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