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MUNSEY v. TESTWORTH LABORATORIES, INC.

No. 12501.

227 F.2d 902 (1955)

Harold MUNSEY, Administrator for the Estate of Bert Munsey, Deceased, Appellant, v. TESTWORTH LABORATORIES, Inc., Appellee.

United States Court of Appeals Sixth Circuit.

December 17, 1955.

Attorney(s) appearing for the Case

T. Arthur Jenkins, Manchester, Tenn., for appellant.

George H. Armistead, Jr., Nashville, Tenn., Charles L. Cornelius, Jr., Nashville, Tenn., on brief, for appellee.

Before ALLEN, MARTIN and STEWART, Circuit Judges.

PER CURIAM.

The appellant initiated this action in the Tennessee state court by causing a summons to be issued and served upon the appellee, an out-of-state motorist, through the Tennessee Secretary of State in conformity with the applicable state statute, §§ 8671-8673, Official Code of Tennessee. Not until four months later did appellant file his declaration in the state court, as permitted by Tennessee law. § 10331 Official Code of Tennessee. Four...

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