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SALONEN v. FARLEY

No. 343.

82 F.Supp. 25 (1949)

SALONEN v. FARLEY et al.

United States District Court E. D. Kentucky Covington Division.

January 18, 1949.

Attorney(s) appearing for the Case

Ebert, Cook & Burke, of Newport, Ky., for plaintiff.

Davies & Hirschfeld, of Newport, Ky., for defendants.

SWINFORD, District Judge.

The case is submitted on the defendants' motion to dismiss the complaint.

The plaintiff's cause of action is based on Kentucky Revised Statutes, Section 372.040, which I quote in full:

"372.040 (1958) Suit by third person where loser or creditor does not sue. If the loser or his creditor does not, within six months after its payment or delivery to the winner, sue for the money or thing

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