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SCOTT v. RUSSELL

No. 749.

149 F.Supp. 48 (1957)

W. Robert SCOTT and Louise Scott, Plaintiffs, v. Claude W. RUSSELL and Donna M. Russell, Lawrence I. Marcum and Mary B. Marcum, Kentucky Enterprise Federal Savings and Loan Association of Newport, a corporation, Defendants.

United States District Court E. D. Kentucky, Covington Division.

February 15, 1957.

Attorney(s) appearing for the Case

Wise & Brose, Cincinnati, Ohio, for plaintiffs.

William R. Coen, Dayton, Ohio, Rodney Bryson, Covington, Ky., for defendants Claude W. Russell and Donna M. Russell.

Marshall Davenport, Somerset, Ky., for defendants Lawrence I. Marcum and Mary B. Marcum.

Fred B. Bassmann, Newport, Ky., for defendant Kentucky Enterprise Federal Savings & Loan Ass'n of Newport.

SWINFORD, District Judge.

This case was removed from the Kenton Circuit Court, Kenton County, Kentucky, and is before the court on the plaintiffs' motion to remand to the state court and on the motion of the defendants, Claude W. Russell and Donna M. Russell, to set aside the warning order process and to dismiss the complaint. I am of the opinion that the plaintiffs' motion to remand should be sustained and will therefore not consider the other motion as it is more...

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