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O. D. JENNINGS & CO. v. BUTERBAUGH

Civ. A. No. 7661.

89 F.Supp. 553 (1950)

O. D. JENNINGS & CO. v. BUTERBAUGH et al.

United States District Court W. D. Pennsylvania.

March 30, 1950.

Attorney(s) appearing for the Case

Edwin M. Clark, Indiana, Pa., for the plaintiff.

J. Murray Buterbaugh, District Attorney for Indiana County, Indiana, Pa., Fisher, Ruddock & Simpson, Indiana, Pa., (W. M. Ruddock and John S. Simpson, Indiana, Pa., of counsel), for the defendants.

FOLLMER, District Judge.

This is a motion by defendants to dismiss the action for the following reasons:

1. Because of the rule that a federal court will not ordinarily restrain local officers from enforcing criminal laws of a state, and there being no allegations in this action of such unusual or exceptional circumstances as would impel a federal court to deviate from this rule.

2. Because of the pendency of the action in the Court of Quarter Sessions...

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