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UNITED STATES v. McNINCH

Civ. A. No. 4859.

138 F.Supp. 711 (1956)

UNITED STATES of America, Plaintiff, v. Howard A. McNINCH, d/b/a The Home Comfort Company, Rosalie McNinch and Garis P. Zeigler, Defendants.

United States District Court E. D. South Carolina, Columbia Division.

February 15, 1956.

Attorney(s) appearing for the Case

N. Welsh Morrisette, Jr., U. S. Atty., Columbia, S. C., for plaintiff.

Nelson, Mullins & Grier, Columbia, S. C., for defendants.

TIMMERMAN, Chief Judge.

I have for consideration defendants' motions to dismiss this action. The motion of Howard A. McNinch and Rosalie McNinch and the motion of Garis P. Zeigler are both made upon the same ground, that the complaint fails to state a claim against the defendants for which relief can be granted.

The complaint alleges substantially the following facts: The defendant Howard A. McNinch operated a business known as The Home Comfort Company which...

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