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AMERICAN CHAIN CO. v. TURNER

No. 286.

56 F.2d 860 (1931)

AMERICAN CHAIN CO., Inc. v. TURNER et al.

District Court, S. D. Ohio, W. D.

September 1, 1931.

Attorney(s) appearing for the Case

Paxton & Seasongood, of Cincinnati, Ohio, and Frederick S. Duncan, of New York City, for plaintiff.

Newton D. Baker, of Cleveland, Ohio, Hubert C. Pontius, of Canton, Ohio, and Paul A. Staley, John M. Cole, and Lawrence E. Laybourne, all of Springfield, Ohio, for defendants.

NEVIN, District Judge.

This cause is now before the court on a motion filed by the defendants for an order of court either (1) to dismiss the bill of complaint, or (2) transfer the same to the law side of the court under Equity Rule No. 22 (28 USCA § 723). The motion in its two aspects is based upon the general proposition that the bill on its face shows that the court is without equity jurisdiction and that there are no facts alleged sufficient to give a court...

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