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YODER v. NU-ENAMEL CORPORATION

No. 11771.

117 F.2d 488 (1941)

YODER et al. v. NU-ENAMEL CORPORATION.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 27, 1941.

Attorney(s) appearing for the Case

Sterling F. Mutz, of Lincoln, Neb., for appellants.

George W. Becker, of Omaha, Neb., (Francis L. Boutell, of Chicago, Ill., and Isidor Ziegler, I. J. Dunn, and D. L. Manoli, all of Omaha, Neb., on the brief), for appellee.

Before GARDNER, WOODROUGH, and JOHNSEN, Circuit Judges.

JOHNSEN, Circuit Judge.

The controlling questions are (1) whether the statutes of Nebraska authorize service of summons to be made upon the state auditor of public accounts, as against a foreign corporation that has been doing business in the state without qualifying and without appointing a resident agent, and (2), if so, whether such service may be made upon the state auditor after the corporation has ceased to do business in the state, on a cause of action arising...

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