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STATE OF MISSOURI v. HOMESTEADERS LIFE ASS'N

No. 10850.

90 F.2d 543 (1937)

STATE OF MISSOURI v. HOMESTEADERS LIFE ASS'N.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied June 21, 1937.

Attorney(s) appearing for the Case

Jerome Walsh, of Kansas City, Mo., and John M. Wheeler, of Tulsa, Okl. (James P. Aylward, of Kansas City, Mo., and Sam C. Canterbury, on the brief), for appellant.

John B. Gage and David A. Murphy, both of Kansas City, Mo. (Carson E. Cowherd, of Kansas City, Mo., Frank H. Dewey, of Des Moines, Iowa, and Arthur N. Adams, John T. Harding, J. Francis O'Sullivan, and John T. Barker, all of Kansas City, Mo., on the brief), for appellee.

William C. Michaels, of Kansas City, Mo. (Kenneth E. Midgley and Michaels, Blackmar, Newkirk, Eager & Swanson, all of Kansas City, Mo., on the brief), amicus curiæ.

Before GARDNER, WOODROUGH, and BOOTH, Circuit Judges.

GARDNER, Circuit Judge.

This is an appeal from a judgment of dismissal for want of prosecution after the court had denied a motion to remand the case to the state court in which the action had been commenced. (D.C.) 16 F.Supp. 69. The parties will be referred to as they were designated in the lower court, the appellant being plaintiff and the appellee defendant.

From the title of the action it purports to have been instituted...

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