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ISAACKS v. JEFFERS

No. 2867.

144 F.2d 26 (1944)

ISAACKS v. JEFFERS.

Circuit Court of Appeals, Tenth Circuit.

Rehearing Denied August 25, 1944.

Writ of Certiorari Denied December 4, 1944.

Attorney(s) appearing for the Case

O. O. Askren, of Roswell, N. M. (G. T. Watts, of Roswell, N. M., on the brief), for appellant.

Edwin Mechem, of Las Cruces, N. M. (Seth & Montgomery, of Sante Fe, N. M., on the brief), for appellee.

Before PHILLIPS, BRATTON, and HUXMAN, Circuit Judges.

Writ of Certiorari Denied December 4, 1944. See 65 S.Ct. 270.

HUXMAN, Circuit Judge.

S. J. Isaacks, independent executor of the last will and testament of Martin V. Jeffers, deceased, instituted this action on March 8, 1940, against J. H. Jeffers and others, in the District Court of the United States for the District of New Mexico. Summons issued March 8, 1940 was returned unserved June 26, 1940, because plaintiff had failed to advance the marshal's fees and...

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