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SIMMONS v. SOUTH CAROLINA STATE HIGHWAY DEPARTMENT

Civ. A. No. 7402.

195 F.Supp. 516 (1961)

Hettie Lell O. SIMMONS, Molzie Lezelle DuBoise, Hettie Mae McCabe, Vina Eloise Plyler, and Van Carl Simmons, heirs at law of W. F. Simmons, Deceased, and Hettie Lell O. Simmons, as sole devisee under the Last Will and Testament of W. F. Simmons, Deceased, Plaintiffs, v. SOUTH CAROLINA STATE HIGHWAY DEPARTMENT and the United States of America, Defendants.

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

July 18, 1961.

Attorney(s) appearing for the Case

H. T. Abbott, Conway, S. C., for plaintiffs.

Daniel R. McLeod, Atty. Gen., and J. C. Coleman, Jr., Asst. Atty. Gen., for defendant South Carolina State Highway Department.

Thomas P. Simpson, Asst. U. S. Atty., Charleston, S. C., for defendant United States.

WYCHE, District Judge.

The above case is before me upon motion of the defendant South Carolina State Highway Department "for an order dismissing this action against the defendant South Carolina State Highway Department, an agency of the State of South Carolina, on the ground that it appears from the complaint that this action in so far as it joins the South Carolina State Highway Department as a party defendant, is in fact an action commenced against the State of...

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