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CHAPMAN v. ST. LOUIS & S. W. RY. CO.

Civ. No. 2435.

71 F.Supp. 1017 (1947)

CHAPMAN et ux. v. ST. LOUIS & S. W. RY. CO. et al.

District Court, N. D. Texas, Dallas Division.

May 3, 1947.

Attorney(s) appearing for the Case

Henry Klepak and Mike McCool, both of Dallas, Tex., for plaintiffs.

Hamilton, Dyer & Shults, of Dallas, Tex., for defendants.

ATWELL, District Judge.

The motion to dismiss, and which was sustained on April 29th, shows that the defendant railway is a Texas corporation, and that it is in the hands of a receiver or trustee in a re-organization proceeding pending in Missouri. The road is being operated by such trustee. The plaintiffs appear, also, to be residents of Texas. The trustee was served under nonresident citation.

The plaintiff, after the sustaining of the motion to dismiss...

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