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BUSHMIAER v. UNITED STATES

Civ. A. No. 1183.

131 F.Supp. 589 (1955)

W. S. BUSHMIAER and Russell L. Myers, Co-Executors of the Estate of J. W. Myers, Deceased, Plaintiffs, v. UNITED STATES of America, Defendant.

United States District Court W. D. Arkansas, Fort Smith Division.

May 27, 1955.

Attorney(s) appearing for the Case

Mehaffy, Smith & Williams, Little Rock, Ark., Hardin, Barton, Hardin & Garner, Fort Smith, Ark., for plaintiff.

H. Brian Holland, Asst. Atty. Gen., Andrew D. Sharpe, Lester L. Gibson, Sp. Assts. to Atty. Gen., Charles W. Atkinson, U. S. Atty., Robert E. Johnson, Asst. U. S. Atty., for defendant.

JOHN E. MILLER, District Judge.

For decision is the motion filed by the defendant on May 16, 1955, to dismiss the complaint of plaintiffs.

The complaint was filed March 15, 1955. Plaintiffs are the co-executors of the estate of J. W. Myers, deceased, and are citizens of the State of Arkansas and reside in the Fort Smith Division of the Western District. Jurisdiction is invoked on the ground that the action arises under the laws of the United States pertaining...

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