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UNITED STATES v. DEMPSTER BROTHERS, INC.

Civ. A. No. 4101.

202 F.Supp. 798 (1962)

UNITED STATES of America v. DEMPSTER BROTHERS, INC., and George R. Dempster.

United States District Court E. D. Tennessee, N. D.

February 21, 1962.

Attorney(s) appearing for the Case

J. H. Reddy, U. S. Atty., Chattanooga, Tenn., for plaintiff.

Anderson & Snepp, Knoxville, Tenn., Swecker & Mathis, Washington, D. C., for defendants.

ROBERT L. TAYLOR, Chief Judge.

Defendant, George R. Dempster, has moved the Court pursuant to Rule 12(b) (6), F.R.Civ.P., 28 U.S.C.A., to dismiss the amended complaint for failure to state a claim upon which relief can be granted. This amended complaint was filed on January 3, 1962, which was the same day the first and only pre-trial was held. Very little, if any, discovery has been done due, or partly due, to a stay order that was entered on July 17, 1961. For one...

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