SADLER v. PENNSYLVANIA REFINING CO.

No. C. A. 90.

33 F.Supp. 414 (1940)

SADLER v. PENNSYLVANIA REFINING CO.

District Court, W. D. South Carolina, Greenville Division.

May 29, 1940.


Attorney(s) appearing for the Case

Mann & Arnold, of Greenville, S. C., and Sam N. Burts, of Spartanburg, S. C., for plaintiff.

Osborne, Butler & Moore, of Spartanburg, S. C., and Brandon & Brandon, of Butler, Pa., for defendant.


HENRY H. WATKINS, District Judge.

The one issue to be decided in this case is that of jurisdiction. The point was made by plaintiff's counsel that this objection had been waived by defendant's answering to the merits, but this contention was not urged in argument and is without merit. Rule 12 of "Civil Procedure of the District Courts of the United States," Subdivision b, 28 U.S.C.A. following section 723c, outlines what constitutes waiver in such cases and the exceptions...

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