KELLER v. CLARK EQUIPMENT CO.

Civ. Nos. 4839, 4875.

474 F.Supp. 966 (1979)

Louis J. KELLER and Cyril N. Keller, Plaintiffs, v. CLARK EQUIPMENT COMPANY and Clark Equipment, A. G., Defendants. CLARK EQUIPMENT COMPANY, Plaintiff, v. Louis J. KELLER and Cyril N. Keller, Defendants. CLARK EQUIPMENT COMPANY, Third-Party Plaintiff, v. WILLIAMSON, BAINS & MOORE, Third-Party Defendant.

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

August 16, 1979.


Attorney(s) appearing for the Case

Alan Foss, Van Osdel, Foss & Miller, Fargo, N. D., for Louis J. Keller and Cyril N. Keller; Williamson, Bains & Moore, Malcolm L. Moore and Herman H. Bains, Minneapolis, Minn., of counsel.

Kermit E. Bye, Vogel, Vogel, Brantner & Kelly, Fargo, N. D., for Clark Equipment and Clark Equipment, A.G.; Thomas D. Allen and Fred E. Schulz, Wildman, Harrold, Allen & Dixon, Chicago, Ill., Jack E. Toliver, Buchanan, Mich., of counsel.


ORDER

BENSON, Chief Judge.

Clark Equipment Co. (Clark), plaintiff in Civil No. 4875 and defendant in Civil No. 4839, has moved for summary judgment as to certain claims asserted against it by way of complaint in No. 4839 and counterclaim in No. 4875. Because the claims against Clark in both cases are identical, this order will treat and dispose of the motions for summary judgment in both cases.

The pending motions in these cases are but a small part...

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