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OXLEY v. SWEETLAND

No. 4220.

94 F.2d 33 (1938)

OXLEY et al. v. SWEETLAND.

Circuit Court of Appeals, Fourth Circuit.

January 4, 1938.

Attorney(s) appearing for the Case

Henry W. Anderson, of Richmond, Va., and Fred O. Blue, of Charleston, W. Va. (Russell W. Morris, of Huntington, W. Va., John F. Ellison, Homer Blizzard, and Charles M. Love, all of Charleston, W. Va., H. L. Ducker, of Huntington, W. Va., Blue, Dayton & Campbell, of Charleston, W. Va., and Hunton, Williams, Anderson, Gay & Moore and Wirt P. Marks, Jr., all of Richmond, Va., on the brief), for appellants.

Charles L. Estep, of Logan, W. Va., and T. C. Townsend, of Charleston, W. Va. (Ira P. Hager, of Logan, W. Va., and W. W. Barrett, of Pikeville, Ky., on the brief), for appellee.

Before PARKER, NORTHCOTT, and SOPER, Circuit Judges.

PARKER, Circuit Judge.

This suit was instituted against the administratrix and the various next of kin of Louis R. Sweetland, deceased, late of Hamlin, West Virginia, by plaintiff who claims to be his widow, the purpose of the suit being to determine the right of plaintiff to the personal property of the deceased. Process was served upon those of the next of kin who resided in West Virginia but was not served upon a number residing in other states. A motion to dismiss...

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