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SHAFFER v. TEPPER

No. 168.

127 F.Supp. 892 (1955)

Ruth SHAFFER, Plaintiff, v. Emanuel TEPPER, Defendant.

United States District Court, E. D. Kentucky.

January 20, 1955.

Attorney(s) appearing for the Case

J. Douglas Graham, Campton, Ky., for plaintiff.

Shackelford & Burnam, Richmond, Ky., Lester & Riedinger, Newport, Ky., Earl B. Rose, Beattyville, Ky., for defendant.

FORD, Chief Judge.

This case is submitted for judgment upon defendant's motion to dismiss the complaint on the grounds: (1) failure to allege that defendant is a citizen of a state other than Kentucky; (2) that, since defendant, a prisoner in Kentucky State Penitentiary, was not a resident of Kentucky when confined and claimed no such residence at that time, under § 452.435 of Kentucky Revised Statutes, maintenance of this action in the State of Kentucky is precluded...

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