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MARTIN v. OLD-FIRST NAT. BANK & TRUST CO.

Nos. 542, 543.

5 F.Supp. 1012 (1934)

MARTIN v. OLD-FIRST NAT. BANK & TRUST CO. OF FORT WAYNE, IND., et al. (two cases).

District Court, N. D. Indiana, Fort Wayne Division.

January 25, 1934.

Attorney(s) appearing for the Case

Morris, Newkirk & Hasley, of Fort Wayne, Ind., for plaintiff.

Barrett, Barrett & McNagny, of Fort Wayne, Ind. (Leigh L. Hunt, of Fort Wayne, Ind., of counsel), for defendants.

SLICK, District Judge.

This is a motion by plaintiff to remand the case to the state court from which it was removed. The record discloses that suit was brought in the state court, the complaint being filed July 24, 1933, and the summons was made returnable August 5, 1933. On August 8th defendants were ruled to answer in five days by an order of court duly entered. This order was not complied with, but on August 25, 1933, the defendant Cutshall obtained an extension...

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