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PRUDENTIAL INS. CO. OF AMERICA v. McKEE

No. 3959.

81 F.2d 508 (1936)

PRUDENTIAL INS. CO. OF AMERICA v. McKEE et ux.

Circuit Court of Appeals, Fourth Circuit.

January 6, 1936.

Attorney(s) appearing for the Case

John Izard, of Asheville, N. C. (Harkins, Van Winkle & Walton, of Asheville, N. C., on the brief), for appellant.

Thomas L. Johnson, of Asheville, N. C. (Love & Fort, of Columbus, Ga., and Johnson, Rollins & Uzzell, of Asheville, N. C., on the brief), for appellees.

Before PARKER and SOPER, Circuit Judges, and CHESNUT, District Judge.

CHESNUT, District Judge.

The sole question presented by the appeal in this case is whether the appellee, William C. McKee, one of the defendants in the court below, waived his personal objection, otherwise valid, to the venue jurisdiction of the District Court for the Western District of North Carolina, by reason of filing with his motion to dismiss the plaintiff's bill, a denial of the merits of the bill. The motion to dismiss was based on the facts that the plaintiff...

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