UNITED STATES v. McMURTRY


5 F.Supp. 515 (1933)

UNITED STATES ex rel. BOYD v. McMURTRY et al.

District Court, W. D. Kentucky.

August 11, 1933.


Attorney(s) appearing for the Case

Arthur C. Gunther and B. M. Harwood, both of Louisville, Ky., for plaintiff.

Bruce & Bullitt and Woodward, Hamilton & Hobson, all of Louisville, Ky., for J. H. McMurtry.

Stites & Stites, of Louisville, Ky., for Robert H. Lucas.


DAWSON, District Judge.

This cause is submitted on the special and general demurrer of the defendants to the petition. There is a very apparent misjoinder of parties, and the petition is perhaps fatally lacking in definiteness as to the acts relied upon to justify recovery. Aside from these defects, however, the demurrers must be sustained.

Boyd, a private citizen who brings this suit in behalf of the United States and in his own behalf, seeks to sustain his...

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