MURPHY v. E. I. DU PONT DE NEMOURS & CO.

No. 159.

26 F.Supp. 999 (1939)

MURPHY v. E. I. DU PONT DE NEMOURS & CO.

District Court, W. D. Pennsylvania.

February 21, 1939.


Attorney(s) appearing for the Case

J. W. Rhodes, of New Castle, Pa., for plaintiff.

Thorp, Bostwick, Reed & Armstrong, of Pittsburgh, Pa., Carl E. Geuther, of Philadelphia, Pa., and James A. Chambers, of New Castle, Pa., for defendant.


SCHOONMAKER, District Judge.

This case was removed by defendant from the state court, where plaintiff had filed a statement of claim in an action of trespass under the Pennsylvania Practice Act. Under this Act, 12 P.S. § 412, no further pleadings were necessary in the case. Under Rule 81(c) of the new Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, repleading is not necessary unless the court so orders. In our view, the statement of claim...

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