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ELLIS v. STEVENS

No. 1012.

37 F.Supp. 488 (1941)

ELLIS v. STEVENS et al.

District Court, D. Massachusetts.

March 3, 1941.

Attorney(s) appearing for the Case

Francis N. Balch, of Boston, Mass., for plaintiff.

Samuel H. Batchelder, Albert B. Carey, and Peabody, Arnold, Batchelder & Luther, all of Boston, Mass., for defendant Fidelity & Deposit Co. of Maryland.

Frank H. Stevens, of Boston, Mass., pro se.

Philip R. White and Hutchins & Wheeler, all of Boston, Mass., for defendant American Surety Company of New York.

Thompson & Twomey, Hubert C. Thompson, and Jarlath M. Slattery, all of Boston, Mass., for defendant Globe Indemnity Co. and another.

Asa S. Allen and Willard, Allen & Mulkern, all of Boston, Mass., for defendant Aetna Casualty & Surety Co.

Albert R. MacKusick, of Boston, Mass., pro se.

BREWSTER, District Judge.

This civil action, entitled a "Complaint for Accounting", is brought against three individuals and four corporations, the corporate defendants being sureties on the several probate bonds of the individual defendants. All defendants have filed and are pressing motions to dismiss, identical in form and substance. The motions are predicated upon two grounds (1) Lack of jurisdiction over the subject-matter; and (2) Failure to state a claim entitling...

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