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MODERN WOODMEN OF AMERICA v. CASADOS

No. 2829.

17 F.Supp. 763 (1937)

MODERN WOODMEN OF AMERICA v. CASADOS, State Corporation Commissioner, et al.

District Court, D. New Mexico.

January 20, 1937.

Attorney(s) appearing for the Case

Nelson C. Pratt, of Omaha, Neb., James A. Marsh, of Denver, Colo., and J. O. Seth, of Santa Fe, N. M., for complainant.

Frank H. Patton, Atty. Gen., C. R. McIntosh, Sp. Asst. Atty. Gen., Creekmore Wallace, of Oklahoma City, Okl., and John M. Wheeler, of Tulsa, Okl., for defendants.

Before PHILLIPS and McDERMOTT, Circuit Judges, and NEBLETT, District Judge.

McDERMOTT, Circuit Judge.

Upon the hearing of plaintiff's motion for temporary injunction and defendants' motion to dismiss the bill, defendants announced their intention to stand upon their motion to dismiss. Accordingly this court, after due consideration, directed entry of a final decree.1 Defense counsel then asked to be relieved of their election to stand on their motion to dismiss the bill upon the ground that they had assumed this...

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