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MOORE v. CITY OF LEHIGH, OKL.

No. 92.

29 F.Supp. 39 (1939)

MOORE v. CITY OF LEHIGH, OKL.

District Court, E. D. Oklahoma.

July 3, 1939.

Attorney(s) appearing for the Case

J. Berry King and George J. Fagin, all of Oklahoma City, Okl., for plaintiff.

M. D. Green, of Oklahoma City, Okl., George T. Ralls, of Coalgate, Okl., and Benjamin & Richard Martin, of Muskogee, Okl., for defendant.

RICE, District Judge.

The defendant has filed a motion to dismiss and to quash the return of the alias summons issued herein for the reason that it was not served in the manner provided by Rule 4, sub-paragraph (d) (6), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, and on the further ground that the return failed to show service of a copy of the complaint. An examination of the files and the evidence of the marshal show the following pertinent...

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