HEISS v. NIELSEN

Civ. A. No. 443.

132 F.Supp. 541 (1955)

Fritz C. HEISS, a minor, by and through Clayton Heiss, his father and next friend, Plaintiff, v. Clinton NIELSEN, Alex Nielsen and Paul L. Petrich, Defendants.

United States District Court D. Nebraska, North Platte Division.

April 8, 1955.


Attorney(s) appearing for the Case

J. A. Lane, John J. Powers, McGinley, Lane, Powers & McGinley, Ogallala, Neb., Melvin F. Crowley, Menasha, Wis., for plaintiff.

John P. O'Brien, Beatty, Clarke, Murphy & Morgan, North Platte, Neb., for defendants Clinton Nielsen and Alex Nielsen.

M. M. Maupin, Maupin & Dent, North Platte, Neb., for defendant Paul L. Petrich.


DELEHANT, District Judge.

The item requiring the attention of the court is a motion of the defendant Petrich to quash summons and return of service. Its grounds will shortly be noted with particularity. Other issues preliminary to trial are made by the pleadings, but by an allowed stipulation of the parties, they are not presently to be ruled upon.

On October 5, 1954, the plaintiff instituted this action in which jurisdiction is founded solely on diversity...

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