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INSURANCE FINANCE CORP. v. PHŒNIX SECURITIES CORP.

No. 1380.

32 F.2d 711 (1929)

INSURANCE FINANCE CORPORATION v. PHŒNIX SECURITIES CORPORATION et al.

District Court, D. Idaho, S. D.

May 10, 1929.

Attorney(s) appearing for the Case

C. M. Hawkins, of Oakland, Cal., and Frawley & Koelsch, of Boise, Idaho, for plaintiff.

Hawley & Hawley, of Boise, Idaho, for defendant Phœnix Securities Corporation.

W. D. Gillis, Atty. Gen., Leon M. Fisk, Asst. Atty. Gen., and Frank T. Wyman, of Boise, Idaho, for defendants Porter and Neifort.

CAVANAH, District Judge.

This case is now before the court on motion of defendants Porter and Neifert, of May 6, 1929, to dismiss plaintiff's supplemental complaint, upon the ground that it introduces a new cause of action and changes the character and object of the suit, and is of a nature not permitted by the equity rules and practice of the court. The original complaint was filed August 21, 1928, and thereafter, on February...

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