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SMITH v. NICHOLSON UNIVERSAL S. S. CO.

No. 907.

42 F.Supp. 1001 (1941)

SMITH v. NICHOLSON UNIVERSAL S. S. CO.

District Court, W. D. New York.

December 26, 1941.

Attorney(s) appearing for the Case

S. E. Sampliner, of Cleveland, Ohio, for plaintiff.

Russell V. Bleecker, of Cleveland, Ohio, for defendant.

KNIGHT, District Judge.

The defendant moves to withdraw its answer heretofore interposed and to dismiss the complaint for lack of jurisdiction.

The plaintiff has now amended his complaint to substitute as the party plaintiff a special guardian in place of the plaintiff.

The defendant has the right to answer the amended complaint and set up lack of jurisdiction or improper venue (either or both). Rule 12(b) Rules of Civil Procedure, 28 U.S.C.A. following...

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