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TESSARI v. HERALD

Civ. No. 1134.

207 F.Supp. 432 (1962)

Lawrence TESSARI and Julia Tessari, Plaintiffs, v. Howard C. HERALD et al., Defendants.

United States District Court N. D. Indiana, Fort Wayne Division.

August 16, 1962.

Attorney(s) appearing for the Case

Calvin Klyman of Detroit, Mich., for plaintiffs.

Phil M. McNagny, Jr., Columbia City, Ind., James W. Jackson and Gilmore S. Haynie, Fort Wayne, Ind., for defendants.

ESCHBACH, District Judge.

The above-entitled cause is before the Court on defendants' Motion to Dismiss, filed July 13, 1962. Defendants' motion is now ripe for summary ruling without oral argument by reason of plaintiffs' failure to comply with Rule 6(b) of this Court which provides as follows:

"(b) Motions to dismiss, * * * shall be accompanied by a brief. An adverse party shall have 15 days after service of the movant's brief to file an answer brief. Failure...

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