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COX v. McNUTT

No. 1772.

12 F.Supp. 355 (1935)

COX v. McNUTT, Commander in Chief of Military and Naval Forces of Indiana, et al.

District Court, S. D. Indiana, Indianapolis Division.

October 10, 1935.

Attorney(s) appearing for the Case

Williams, Woodsmall & Simpson, of Terre Haute, Ind., Joseph M. Jacobs, of Chicago, Ill., and Maurice J. Nicoson, of Terre Haute, Ind., for complainant.

Philip Lutz, Jr., Atty. Gen. of the state of Indiana, Edward Barce, Asst. Atty. Gen. of the state of Indiana, and Cooper, Royse, Gambill & Crawford, Otis Cook, City Atty., Walker, Hilleary & Cox, B. F. Small, Dix & Dix, and Thomas F. O'Mara, all of Terre Haute, Ind., for defendants.

Before SPARKS, Circuit Judge, and BALTZELL and SLICK, District Judges.

PER CURIAM.

The complainant in this action is seeking to have declared null and void the proclamation of the defendant, Paul V. McNutt, as Governor of Indiana, wherein he, acting as Governor, by such proclamation directed the National Guard of Indiana to assume control of all that territory included in Vigo county. Such proclamation was under date of July 22, 1935. The original bill was filed on the 3d day of September and was assigned for hearing upon the application...

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