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STUART v. UNITED BEN. LIFE INS. CO.

2 F.Supp. 641 (1933)

STUART v. UNITED BEN. LIFE INS. CO. SAME v. MUTUAL BEN. HEALTH & ACCIDENT ASS'N.

District Court, W. D. North Carolina.

February 20, 1933.

Attorney(s) appearing for the Case

Zeb F. Curtis and A. C. Avery, both of Asheville, N. C., for plaintiff.

Johnson, Smathers & Rollins, of Asheville, N. C., for defendants.

WEBB, District Judge.

Strictly, this matter is before me on a question of whether or not I shall vacate or make perpetual a restraining order heretofore issued by me on the 10th of January, 1933, restraining the plaintiff from further prosecuting his suits in the state court against the two defendants above named. But, since the defendants have filed their petition and bond in the state court, and have transferred this cause under the statute (Jud. Code § 28...

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