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HAMILTON NATIONAL BANK OF CHATTANOOGA v. RUSSELL

Civ. A. No. 4646.

261 F.Supp. 145 (1966)

The HAMILTON NATIONAL BANK OF CHATTANOOGA v. Robert A. RUSSELL, Dale Smith Warner, Thomas Anglin Hamilton, May Powell Smith, William I. Smith, Individually and as Executor under the Will of Edward J. Smith, Deceased, and Eunice Branch Hamilton and Harry Matthews, Co-Executor under the Will of Edward J. Smith, Deceased.

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

August 8, 1966.

Attorney(s) appearing for the Case

Moon, Harris & Dineen, Chattanooga, Tenn., for plaintiff.

Miller, Martin, Hitching, Tipton & Lenihan, Chattanooga, Tenn., for Robert A. Russell and Thomas A. Hamilton.

Noone, Moseley & Bell, Chattanooga, Tenn., for Dale Smith Warner, May Powell Smith and William I. Smith.

Witt, Gaither, Abernathy & Wilson, Chattanooga, Tenn., for Eunice Branch Hamilton.

Knox, Jones, Woolf & Merrill, Anniston, Ala., Bradley, Arant, Rose & White, Birmingham, Ala., for Robert A. Russell, Thomas A. Hamilton, and Eunice B. Hamilton.

OPINION

FRANK W. WILSON, District Judge.

This is an action upon a note wherein plaintiff seeks to bring defendants before the Court upon substituted service under the provisions of the Tennessee "Long Arm Statute", Sections 20-235 et seq., Tennessee Code Annotated. The case is before the Court upon motions of the defendants to quash or set aside service of process and to dismiss for lack of in personam jurisdiction.

The question is whether in personam...

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