CANTRELL v. HAAS

Civ. A. No. 358.

161 F.Supp. 433 (1958)

Berl B. CANTRELL, by his next friend, Marshall Cantrell, Plaintiffs, v. Charles W. HAAS, and Robert J. King, Defendants.

United States District Court W. D. North Carolina, Statesville Division.

May 1, 1958.


Attorney(s) appearing for the Case

W. Harold Mitchell, Valdese, N. C., for plaintiffs.

James C. Smathers, Hickory, N. C., for defendant Robert J. King.

Kennedy, Covington, Lobdell & Hickman, Charlotte, N. C., for defendant Charles W. Haas.


WARLICK, District Judge.

This is a motion filed by the defendant Charles W. Haas to dismiss the above entitled action as to him or in lieu thereof to quash the return of the service of summons on him in said cause,—and from a hearing thereon the following findings of fact are made:

This action was instituted in the Superior Court of Burke County in the Western District of North Carolina, on December 6, 1957, and on the grounds of a diversity of citizenship...

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