McNEIL CONSTRUCTION CO. v. LIVINGSTON STATE BANK

Civ. No. 94.

155 F.Supp. 658 (1957)

McNEIL CONSTRUCTION COMPANY, a corporation, Plaintiff, v. The LIVINGSTON STATE BANK, a corporation, Defendant.

United States District Court D. Montana, Billings Division.

September 30, 1957.


Attorney(s) appearing for the Case

Brown, Sande, Symmes & Forbes, Billings, Mont., for plaintiff.

Luxan & Scribner, Helena, Mont., for defendant.


JAMESON, District Judge.

Defendant has moved the court to dismiss (1) on the ground that under the provisions of Section 1406, Title 28 U.S. C. the action is filed in the wrong division, and (2) because the complaint fails to state claim upon which relief can be granted; or, in the event the action is not dismissed, (3) to transfer the action to the Helena Division, and (4) to require the joinder of Seaboard Surety Company as a party plaintiff. Plaintiff has filed...

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