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DAVIS v. SMITH

Civ. A. No. 16960.

126 F.Supp. 497 (1954)

James W. DAVIS, a minor, by Sue G. Davis, his Guardian, and Sue G. Davis, in her own right, v. Ralph W. SMITH, Administrator c.t.a. of the Estate of George Maslin Davis, Deceased.

United States District Court E. D. Pennsylvania.

November 22, 1954.

Attorney(s) appearing for the Case

Freedman, Landy & Lorry, Philadelphia, Pa., for plaintiffs.

John B. Hannum, 3rd, Philadelphia, Pa., for defendant.

LORD, District Judge.

The defendant has filed this motion to dismiss. He states three reasons why it should be granted, namely:

1. Improper venue; 2. Improper service of process; and 3. Failure to state a cause of action. We shall discuss them in that order.

The complaint alleges a claim to recover damages for severe and permanent injuries sustained by one of the plaintiffs, James...

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