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PRESTON v. KAW PIPE LINE CO.

No. 2422.

128 F.2d 162 (1942)

PRESTON v. KAW PIPE LINE CO. et al.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied June 22, 1942.

Attorney(s) appearing for the Case

A. L. Orr, of Medicine Lodge, Kan., and O. B. Martin, of Blackwell, Okl. (W. W. Pryor, of Wewoka, Okl., on the brief), for appellant.

Jos. G. Carey, of Wichita, Kan., and J. P. Greve, of Tulsa, Okl. (B. W. Griffith, of Tulsa, Okl., Earl A. Brown, of Ardmore, Okl., and Donald Campbell, Alvin F. Molony, H. G. Ross, James B. Diggs, Ralph J. May, George W. Cunningham, J. C. Denton, R. H. Wills, J. H. Crocker, I. L. Lockewitz, and C. A. Kothe, all of Tulsa, Okl., and Wm. F. Pielsticker, of Wichita, Kan., on the brief), for appellees.

Before BRATTON, HUXMAN, and MURRAH, Circuit Judges.

HUXMAN, Circuit Judge.

Ben Preston filed this action against a large number of individual and corporate defendants in the District Court of Russell County, Kansas. The case was removed to the District Court of the United States for the District of Kansas upon petition of some of the non-resident corporate defendants. A motion to remand was overruled. No attempt seems to have been made to serve any of the individual defendants nor a number of the corporate defendants...

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