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McFARLAND v. B. F. GOODRICH RUBBER CO.

No. 8874.

47 F.2d 44 (1931)

McFARLAND v. B. F. GOODRICH RUBBER CO. et al.

Circuit Court of Appeals, Eighth Circuit.

February 13, 1931.

Attorney(s) appearing for the Case

O. C. Mosman, of Kansas City, Mo. (Mosman, Rogers & Buzard, of Kansas City, Mo., Pross T. Cross, of Lathrop, Mo., and Don E. Black, of Kansas City, Mo., on the brief), for appellant.

Paul G. Koontz, of Kansas City, Mo. (Harris & Koontz, of Kansas City, Mo., on the brief), for appellee B. F. Goodrich Rubber Co.

Mertsheimer & O'Donnell, of Kansas City, Mo., for appellee A. M. Peterson.

Before STONE and BOOTH, Circuit Judges, and DEWEY, District Judge.

BOOTH, Circuit Judge.

This is an appeal from a judgment dismissing an action for want of prosecution after plaintiff had declined to proceed further in the action, his motion to remand the case to the state court having been denied. The action was for damages on account of personal injuries, and was commenced in the state circuit court of Jackson county, Mo., against the B. F. Goodrich Rubber Company and its foreman or manager, A. M. Peterson. A demurrer was interposed...

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