District Court, S.D. Illinois January 7, 1969, No. P-2990 (Mississippi Valley Structural Steel Co. v. Huber, Hunt & Nichols Co.)

DECISION AND ORDER ON MOTION TO DISMISS

ROBERT D. MORGAN, District Judge.

The complaint here contains two counts. Count I involves both plaintiffs and seeks damages from defendant for alleged breach of contract. Count II, involving only plaintiff Mississippi Valley and defendant, seeks payment of an alleged unpaid contract balance. The matter is before the Court on motion to dismiss Count I.