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PATTIZ v. SEMPLE

No. 2274.

7 F.2d 618 (1925)

PATTIZ v. SEMPLE et al.

District Court, E. D. Illinois.

October 3, 1925.

Attorney(s) appearing for the Case

Bruce A. Campbell, of East St. Louis, Ill., for plaintiff.

O. B. Dobbins, of Champaign, Ill., and Harold F. Lindley, of Danville, Ill., for defendants.

LINDLEY, District Judge.

The plaintiff moves to strike from the answer of the defendant certain paragraphs, which plead a decree in the circuit court of Champaign county, Ill., in a cause between the same parties, as a bar to the plaintiff's present suit for foreclosure of a mortgage. It is alleged in the answer that the present defendants filed in the state court a suit praying for the cancellation of the mortgage plaintiff now relies upon; that no service of process...

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