BYERS, District Judge.
Motion to dismiss an amended bill of complaint in an equity proceeding under USCA title 27, § 34, for abatement of an alleged nuisance, upon the ground that there is an insufficiency of fact to constitute a valid cause of action in equity against the defendant.
The said statute in part provides: "* * * Such action shall be brought and tried as an action in equity and may be brought in any court having jurisdiction to hear and determine...
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