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UNITED STATES v. THOMPSON

No. 2451.

128 F.2d 173 (1942)

UNITED STATES v. THOMPSON et al.

Circuit Court of Appeals, Tenth Circuit.

May 5, 1942.

Attorney(s) appearing for the Case

Frank J. Dugan, of Washington, D. C. (Norman M. Littell, Asst. Atty. Gen., and Vernon L. Wilkinson and Donald R. Marshall, Attys., Dept. of Justice, both of Washington, D. C., on the brief), for appellant.

John S. Severson, of Tulsa, Okl. (A. Lee Battenfield, of Pryor, Okl., on the brief), for appellees.

Before PHILLIPS, MURRAH, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge, delivered the opinion of the court.

Whether the United States District Court for the Northern District of Oklahoma had jurisdiction of this case removed under Section 31 of Act of April 12, 1926, 44 Stat. 239, 240, where notice of pendency of the suit was not served "within ten days after the general appearance in the case of the party causing the notice to be issued" is raised.

It was instituted by a full...

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