STEWART v. NEBRASKA TIRE & RUBBER CO.

No. 8672.

39 F.2d 309 (1930)

STEWART et al v. NEBRASKA TIRE & RUBBER CO.

Circuit Court of Appeals, Eighth Circuit.

February 27, 1930.


Attorney(s) appearing for the Case

Robert M. Witwer, of Mason City, Iowa (W. C. Shepard, of Allison, Iowa, and John A. Senneff, William L. Bliss, and John A. Senneff, Jr., all of Mason City, Iowa, on the brief), for appellants.

David A. Fitch, of Omaha, Neb. (Norris Brown and Ralph M. West, both of Omaha, Neb., on the brief), for appellee.

Before STONE and GARDNER, Circuit Judges, and MILLER, District Judge.


MILLER, District Judge.

This case comes here on two assignments of error:

1. That the lower court erred in refusing to grant the motion of the appellant to remand this case to the district court of Butler county, Iowa.

2. That the lower court erred in sustaining the motion of the appellee to quash, set aside, and annul the service of the original notice on the appellee.

Pleadings.

On March 21, 1921, appellee, at Omaha, Neb., executed...

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