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J. J. NEWBERRY CO. v. MIXON

No. 77-0828C(1).

440 F.Supp. 20 (1977)

J. J. NEWBERRY CO., a corporation, Plaintiff, v. William Edward MIXON, Defendant.

United States District Court, E. D. Missouri, E. D.

October 28, 1977.

Attorney(s) appearing for the Case

Kenneth J. Heinz, Shifrin, Treiman, Bamburg & Dempsey, St. Louis, Mo., for plaintiff.

Marvin W. Goldenhersh, Belleville, Ill., Del A. Goldenhersh, Chesterfield, Mo., for defendant.

MEMORANDUM

MEREDITH, Chief Judge.

This matter is before the Court on the motion of plaintiff, J. J. Newberry Co., to remand the case to state court, and on the motion of defendant, William Edward Mixon, to dismiss plaintiff's petition for declaratory judgment for failure to state a cause of action.

Plaintiff, a corporation, organized in the State of Delaware, leased from defendant, a citizen and resident of the State of Illinois, a store in a shopping...

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