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POPOVITCH v. KASPERLIK

No. 3605.

59 F.Supp. 993 (1945)

POPOVITCH v. KASPERLIK.

District Court, W. D. Pennsylvania.

April 11, 1945.

Attorney(s) appearing for the Case

Martin E. Cusick, George Mashank, Samuel Chiccarino, and Service, McNeal, Cusick & Isenberg, all of Sharon, Pa., for plaintiff.

Stranahan & Sampson, of Mercer, Pa., Williams, Stanley & Andrews, of Youngstown, Ohio, and Duff, Scott & Smith, of Pittsburgh, Pa., for defendant.

SCHOONMAKER, District Judge.

This case was removed to this court on petition of defendant, a citizen and resident of the State of Ohio.

The plaintiff has moved to remand the case to the State court on the following grounds:

(1) Said action is an action in rem relating to real property situate in the City of Sharon, Mercer County, Pennsylvania.

(2) Service of process was made upon the defendant pursuant to the Act of April 6, 1859, P.L. 387...

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