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INTERNATIONAL MULTIFOODS v. D & M FEED & PRODUCE

Civ. No. 78-0-215.

470 F.Supp. 654 (1979)

INTERNATIONAL MULTIFOODS CORPORATION, a corporation, Plaintiff, v. D & M FEED & PRODUCE, INC., a corporation, Roger Moerer, Jo Ann Moerer and H. Elmer Meyer, Defendants.

United States District Court, D. Nebraska.

May 15, 1979.

Attorney(s) appearing for the Case

Thomas F. Hoarty, Jr., Omaha, Neb., for plaintiff.

James B. Cavanagh, Omaha, Neb., for defendants, D & M Feed, Roger Moerer and Jo Ann Moerer.

Kirk S. Blecha, Omaha, Neb., for defendant, H. Elmer Meyer.

MEMORANDUM

DENNEY, District Judge.

This is an action brought by International Multifoods Corporation [hereinafter referred to as Multifoods] to recover certain sums of money due from D & M Feed & Produce, Inc. [hereinafter referred to as D & M] on open account and on two promissory notes, from Roger and Jo Ann Moerer [hereinafter referred to as the Moerers] on one of the promissory notes and on a guaranty

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