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ROBERT GIBB & SONS, INC. v. WESTERN U. TEL. CO.

No. A2-76-37.

428 F.Supp. 140 (1977)

ROBERT GIBB & SONS, INC., a North Dakota Corporation, Plaintiff, v. WESTERN UNION TELEGRAPH COMPANY, a New York Corporation, Defendant.

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

March 8, 1977.

Attorney(s) appearing for the Case

Thomas C. Wold, Pancratz, Wold & Johnson, P. C., Fargo, N. D., for plaintiff.

E. T. Conmy, Jr., Conmy, Feste & Bossart, Ltd., Fargo, N. D., for defendant.

MEMORANDUM OF DECISION AND ORDER

BENSON, Chief Judge.

Robert Gibb and Sons, Inc., a North Dakota corporation, Plaintiff, initiated this action alleging it sustained damages of loss of profits in the amount of $115,000 caused by the delay in transmitting two telegrams over Defendant's facilities from Fargo, North Dakota to Bismarck, North Dakota, concerning bids on the plumbing, heating and ventilation of a building at the State Capitol. Jurisdiction was...

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