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HART v. KENNEDY

No. 69-238 Civ.

314 F.Supp. 823 (1969)

M. L. HART, Plaintiff, v. David M. KENNEDY, Secretary of the Treasury of the United States, and Dorothy A. Elston, Treasurer of the United States, Defendants.

United States District Court, W. D. Oklahoma.

October 16, 1969.

Attorney(s) appearing for the Case

L. W. Setz, Ozark, Ark., for plaintiff.

William R. Burkett, U. S. Atty., and Givens L. Adams, Asst. U. S. Atty., Oklahoma City, Okl., for defendants.

ORDER

DAUGHERTY, District Judge.

Upon consideration of the Plaintiff's Motion to Vacate Order of Dismissal filed herein, the Court finds the same to be without merit and should be denied.

The District Judge with whom a case is filed has the responsibility to determine whether jurisdiction exists. Lion Mfg. Corporation v. Kennedy, 117 U.S.App.D.C. 367, 330 F.2d 833 (1964). Jurisdiction is lacking if a plaintiff has...

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