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POTAMITIS v. PITTSBURGH PLATE GLASS CO.

No. 10154.

82 F.2d 472 (1936)

POTAMITIS v. PITTSBURGH PLATE GLASS CO.

Circuit Court of Appeals, Eighth Circuit.

March 25, 1936.

Attorney(s) appearing for the Case

Everett Hullverson, of St. Louis, Mo. (Robert L. Aronson, of St. Louis, Mo., on the brief), for appellant.

Daniel N. Kirby, of St. Louis, Mo. (Everett Paul Griffin, Clifford B. Allen, and Nagel, Kirby, Orrick & Shepley, all of St. Louis, Mo., on the brief), for appellee.

Before STONE, SANBORN, and VAN VALKENBURGH, Circuit Judges.

STONE, Circuit Judge.

Appellant brought an action at law for personal injury in a state court of Missouri which was later removed to the United States District Court for the Eastern District of Missouri. Defendant filed a motion to dismiss on the ground that the cause of action stated in the petition was included within an earlier suit in the state court wherein judgment had been entered upon a confession, the full amount sought therein paid into court and received...

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