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WESTERN SMELTING & REFINING CO. v. PENNSYLVANIA R. CO.

Civ. Nos. 95-47, 112-47.

81 F.Supp. 494 (1948)

WESTERN SMELTING & REFINING CO. v. PENNSYLVANIA R. CO. (two cases).

United States District Court D. Nebraska, Omaha Division.

December 3, 1948.

Attorney(s) appearing for the Case

Jack W. Marer, of Omaha, Neb., for plaintiff.

John L. Barton (of Brown, Crossman, West, Barton & Quinlan), all of Omaha, Neb., for defendant.

DONOHOE, Chief Judge.

These two actions originated in the state district court of Douglas County, Nebraska, and were removed to this forum prior to the effective date of the new Judicial Code, which creates a different removal procedure than that heretofore existing, 28 U.S. C.A. § 1446. Except for the fact that the party upon whom summons was served differs in both actions, the two suits are otherwise identical. After No. 95-47 Civil was removed, counsel for...

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