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BAKER v. DALE

Civ. No. 1006.

123 F.Supp. 364 (1954)

BAKER v. DALE et al.

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

August 23, 1954.

Attorney(s) appearing for the Case

Burns & Dicus, Kansas City, Mo., for plaintiff.

Coyne & Patten, Joplin, Mo., for defendant, Dale.

John H. Flanigan, Carthage, Mo., for defendants, Flanigan, Phelps and King.

WHITTAKER, District Judge.

This matter is now before me upon the separate, but similar, motions of defendant, Dale, and of defendants, Flanigan, Phelps and King, under Rule 12(b) (6) and (7) of Federal Rules of Civil Procedure, Title 28 U.S.C., to dismiss, upon the grounds (a) that plaintiff's first amended complaint fails to state a claim upon which relief can be granted, particularly because barred by Missouri statutes of limitation, and (b) failure to join indispensable...

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