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DAVIS v. KNOX COUNTY

No. 8125.

31 F.2d 757 (1929)

DAVIS v. KNOX COUNTY.

Circuit Court of Appeals, Eighth Circuit.

March 20, 1929.

Attorney(s) appearing for the Case

J. F. Green, of Creighton, Neb., and M. F. Harrington, of O'Neill, Neb., for plaintiff in error.

P. H. Peterson, of Wausa, Neb., Charles H. Kelsey, of Norfolk, Neb., and W. A. Meserve, of Creighton, Neb., for defendant in error.

Before STONE and KENYON, Circuit Judges, and JOHNSON, District Judge.

STONE, Circuit Judge.

This is an action for personal injuries brought in the United States District Court by the plaintiff in error. A plea of abatement challenging the jurisdiction on the ground of the lack of diversity of citizenship was filed. It does not seem to have been formally acted upon. Thereafter an answer was filed which renewed the subject-matter of the plea in abatement. Thereafter the case came on for trial, a jury was orally waived, and the cause tried...

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