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HUNKIN-CONKEY CONST. CO. v. PENNSYLVANIA T. COM'N

No. 439.

34 F.Supp. 26 (1940)

HUNKIN-CONKEY CONST. CO. v. PENNSYLVANIA TURNPIKE COMMISSION et al.

District Court, M. D. Pennsylvania.

July 18, 1940.

Attorney(s) appearing for the Case

John M. Martin, of Los Angeles, Cal., William J. Fitzgerald, of Scranton, Pa., W. W. Montgomery, Jr., and Edward G. Taulane, Jr., both of Philadelphia, Pa., and Herman J. Galloway, of Washington, D. C., for plaintiff.

John D. Faller, David L. German, Theodore S. Paul, George W. Keitel, Asst. Deputy Atty. Gen., of Pa., and Harry K. Daugherty, Senior Counsel, Department of Highway, all of Harrisburg, Pa., for defendants.

WATSON, District Judge.

This case is before the court for disposition of motions to dismiss the complaint and to drop the names of certain of the parties defendant.

The plaintiff, Hunkin-Conkey Construction Company, an Ohio corporation, brought this action for a declaratory judgment against the Pennsylvania Turnpike Commission and its members. The complaint alleges that the plaintiff and defendants are residents and citizens of different states and that the...

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