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HERTZ v. RECORD PUB. CO. OF ERIE

Civ. A. No. 149.

105 F.Supp. 200 (1952)

HERTZ et al. v. RECORD PUB. CO. OF ERIE et al.

United States District Court W. D. Pennsylvania.

June 6, 1952.

Attorney(s) appearing for the Case

S. Y. Rossiter, of Erie, Pa., and Charles E. Kenworthey, of Reed, Smith, Shaw & McClay, of Pittsburgh, Pa., for plaintiffs.

William W. Knox, of Erie, Pa., and Lowell Goerlich, of Lamb, Goerlich & Mack, of Toledo, Ohio, for defendants.

BURNS, District Judge.

The instant complaint seeks an order requiring defendant corporation to issue its certificate for 150 shares of its common stock in the name of plaintiff Horvitz. A prior ruling on related matters is reported at D.C., W.D. Pa., 1952, 102 F.Supp. 689.

Pursuant to Rule 12(h) of the Federal Rules of Civil Procedure, 28 U.S.C., defendant has now interposed a "Suggestion of Lack of Jurisdiction" because...

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