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WESTERN MERCANTILE CO. v. UNITED STATES

No. 7765.

111 F.Supp. 799 (1953)

WESTERN MERCANTILE CO. v. UNITED STATES.

United States District Court W. D. Missouri, W. D.

April 27, 1953.

Attorney(s) appearing for the Case

Spencer, Fane, Britt & Browne, Kansas City, Mo., for plaintiff.

Sam M. Wear, U. S. Atty., Fred L. Howard, Kansas City, Mo., and William Aull, III, Asst. U. S. Attys., Lexington, Mo., for defendant.

REEVES, Chief Judge.

Whether the defendant should have interposed a motion for a summary judgment or a simple motion to dismiss is immaterial. In the case of Coates v. United States, 8 Cir., 181 F.2d 816, 19 A.L.R.2d 840, a like case, the question as to the jurisdiction of the court arose on a simple motion to dismiss. Rule 56 Federal Rules of Civil Procedure, 28 U.S.C.A., is sufficiently broad to justify a challenge to the jurisdiction...

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