ATWELL, District Judge.
It is alleged that the plaintiff is a resident of Texas; that defendant W. W. McMillan resides at Duluth, Minn., and, "the Mesoba Duluth Oil Syndicate, with an office and place of business at Duluth, Minnesota, of which the said McMillan is the agent, is a corporation, incorporated under and by virtue of the laws of some state or territory to the plaintiff unknown, which said corporation has not a permit to do business under the laws of Texas...
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