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UNITED STATES v. SMITH

No. 19952.

31 F.Supp. 359 (1939)

UNITED STATES v. SMITH.

District Court, E. D. Pennsylvania.

April 13, 1939.

Attorney(s) appearing for the Case

J. Barton Rettew, Asst. U. S. Atty., and J. Cullen Ganey, U. S. Atty., both of Philadelphia, Pa., for plaintiff.

Nathaniel Speck and Clinton A. Sowers, both of Philadelphia, Pa., for defendant.

DICKINSON, District Judge.

Leave was given to submit briefs, which indeed were invited. They are now before us.

A procedural question is suggested. The United States filed a statement of claim in assumpsit. The defendant interposed a demurrer. The procedural question is how we can hear the case on demurrer in face of the fact that demurrers have been abolished both by the Pennsylvania Practice Act of 1915 (12 P.S. Pa. § 385) and by the New Rules of Civil...

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