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YOX v. DURGAN

Civ. A. No. 893.

298 F.Supp. 1365 (1969)

Edward YOX and Peggy Yox, Plaintiffs, v. Donald Izalah DURGAN, Defendant.

United States District Court E. D. Tennessee, Winchester Division.

May 9, 1969.

Attorney(s) appearing for the Case

Clinton Swafford, Winchester, Tenn., for plaintiffs.

C. T. Herndon, III, Johnson City, Tenn., for defendant.

MEMORANDUM OPINION

NEESE, District Judge.

This presents an intriguing problem concerning the sufficiency of service of substituted process on the defendant under Tennessee statutes, T.C.A. §§ 20-224, 20-226, 20-227. The plaintiffs have moved for a judgment against the defendant by default, Rules 55(a), (b), Federal Rules of Civil Procedure, and the specially-appearing defendant has moved for a dismissal of the complaint for alleged insufficiency...

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