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JOHNSTON v. OREGON ELECTRIC RAILWAY COMPANY

Civ. No. 8779.

145 F.Supp. 143 (1956)

Art JOHNSTON and Veda Johnston, husband and wife, Plaintiffs, v. OREGON ELECTRIC RAILWAY COMPANY, a corporation, Union Tank Car Company, a corporation, and Standard Oil Company of California, a corporation, Defendants.

United States District Court D. Oregon.

October 4, 1956.

Attorney(s) appearing for the Case

Barzee, Leedy & Erwin, Herman L. Lind, Jr., Portland, Or., for plaintiff.

Koerner, Young, McColloch & Dezendorf, Portland, Or., for defendant Standard Oil Co. of California.

Hart, Spencer, McCulloch, Rockwood & Davies, Cleveland C. Cory, Portland, Or., for defendant Oregon Electric Railway Co.

EAST, District Judge.

This matter came on for hearing upon the following matters:

1. The plaintiffs' motion for order under Rule 21, Fed.Rules Civ.Proc. 28 U.S.C.A. to drop defendant, Oregon Electric Railway Company as a party-defendant;

2. Defendant, Oregon Electric Railway Company's motion for an order dismissing the above entitled action on the ground that the Court lacks jurisdiction on the ground that diversity of citizenship between the plaintiffs...

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