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SMITH v. BUCKEYE INCUBATOR CO.

No. 50.

33 F.Supp. 71 (1940)

SMITH et al. v. BUCKEYE INCUBATOR CO.

District Court, S. D. Ohio, W. D.

April 27, 1940.

Attorney(s) appearing for the Case

Marechal & Noe, of Dayton, Ohio, and Richey & Watts, of Cleveland, Ohio, for plaintiffs.

Toulmin & Toulmin, of Dayton, Ohio, for defendant.

NEVIN, District Judge.

On November 1, 1939, Samuel H. Smith, plaintiff, filed a complaint against The Buckeye Incubator Company, defendant.

On November 20, 1939, defendant, The Buckeye Incubator Company, filed a "Motion for Bill of Particulars and more definite statement". That motion was directed to the original complaint filed, as just stated, on November 1, 1939. While this motion was still pending, undisposed of, on December 13, 1939, an amended complaint...

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