COMEN v. MILLER

Nos. 2117-2119.

41 F.2d 292 (1930)

COMEN v. MILLER (two cases). COMEN et al. v. SAME.

District Court, M. D. Pennsylvania.

May 31, 1930.


Attorney(s) appearing for the Case

Tinkham & Myers, of Scranton, Pa., for plaintiffs.

Knapp, O'Malley, Hill & Harris, of Scranton, Pa., for defendant.


JOHNSON, District Judge.

This is a petition and rule thereon to show cause why an alias summons should not be quashed and judgment of non pros entered and the action dismissed on the ground, first, that the present action is barred by the statute of limitations, and, secondly, that there is no legal defendant.

The original præcipe for summons was filed May 7, 1928, and the statement of claim on May 9, 1928. The summons was issued and delivered with the...

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