CHICAGO & N. W. RY. CO. v. DAVENPORT

Civ. No. 1-94.

95 F.Supp. 469 (1951)

CHICAGO & N. W. RY. CO. v. DAVENPORT et al.

United States District Court S. D. Iowa, C. D.

February 12, 1951.


Attorney(s) appearing for the Case

Frank W. Davis of Miller, Davis, Hise & Howland, Des Moines, Iowa, for plaintiff.

John J. McKay of McKay & Avery, Austin, Tex., for defendants.


RILEY, District Judge.

This matter comes before the court at Des Moines, Iowa, on the motion of the plaintiff, served and filed Dec. 1, 1950, to vacate an order entered Nov. 27, 1950, dismissing the substituted complaint because of defendants' objection to the venue, and to transfer to the proper district.

The action, commenced on Sept. 5, 1950, sought a declaratory judgment as to the rights and obligations of the parties under a "Special Joint Contract for...

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