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H. M. O. LUMBER CO. v. UNITED STATES

40 F.2d 544 (1929)

H. M. O. LUMBER CO. et al. v. UNITED STATES.

District Court, W. D. Michigan, S. D.

November 12, 1929.

Attorney(s) appearing for the Case

Oscar E. Waer, of Grand Rapids, Mich., for plaintiffs.

Louis H. Grettenberger, Asst. U. S. Dist. Atty., of Grand Rapids, Mich.

RAYMOND, District Judge.

This matter is before the court upon motion to dismiss, the ground of the motion being, in substance, that the plaintiffs Edwin Owen and William J. Breen are not the proper parties to bring suit because of the provisions of section 3477, Rev. St. (31 USCA § 203). The first paragraph of the declaration is as follows: "H. M. O. Lumber Company, a Michigan corporation, and Edwin Owen and William J. Breen, as Assignees of H. M. O. Lumber Company...

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