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GRUBBS v. SMITH

No. 7103.

86 F.2d 275 (1936)

GRUBBS v. SMITH et al.

Circuit Court of Appeals, Sixth Circuit.

November 9, 1936.

Attorney(s) appearing for the Case

Millard D. Grubbs, of Louisville, Ky., in pro per.

J. M. L. Smith, of Louisville, Ky., for appellees.

Before HICKS and SIMONS, Circuit Judges, and HAHN, District Judge.

HAHN, District Judge.

Appellant (hereinafter referred to as plaintiff) appeals from an order dismissing his petition.1 He had filed a petition, an amended petition, and an amended and substituted petition. He had been directed by the court to combine the first two pleadings in a single pleading.

A preliminary question arises as to whether the action in the court below was pending upon all of the pleadings named or upon the amended...

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