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EGGER v. JULIAN PETROLEUM CORPORATION

No. 408.

22 F.2d 714 (1927)

EGGER v. JULIAN PETROLEUM CORPORATION et al.

District Court, N. D. Texas, Wichita Falls Division.

December 5, 1927.

Attorney(s) appearing for the Case

E. R. Surles and Carrigan, Britain, Morgan & King, all of Wichita Falls, Tex., for the motion.

Weeks, Morrow, Francis & Hankerson, of Wichita Falls, Tex., and Webster Atwell, of Dallas, Tex., opposed.

ATWELL, District Judge.

This action was brought in the state district court and petition for removal was seasonably presented. The plaintiff, by appropriate motion, now moves to remand, because the defendants have neither pleaded, answered, nor demurred within the 30 days after the filing of the transcript in this court, provided by section 29 of the Judicial Code (28 USCA § 72).

In 1921 Judge Holmes, in Wena Lumber Co. v. Continental Lumber Co. (D. C...

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