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CURTIS PUBLISHING COMPANY v. CASSEL

No. 6876.

302 F.2d 132 (1962)

CURTIS PUBLISHING COMPANY, a corporation, Appellant, v. Louis CASSEL, Appellee.

United States Court of Appeals Tenth Circuit.

March 20, 1962.

Attorney(s) appearing for the Case

Malcolm Miller, Wichita, Kan. (Wilbur H. Haines, Jr., Philadelphia, Pa., George B. Powers and Gerald Sawatzky, Wichita, Kan., and Pepper, Hamilton & Scheetz, Philadelphia, Pa., and Foulston, Siefkin, Schoeppel, Bartlett & Powers, Wichita, Kan., of counsel, were with him on the brief), for appellant.

Wayne Coulson, Wichita, Kan. (Jack B. Sellers, Drumright, Okl., Thos. A. Wallace, Sapulpa, Okl., and Byron W. Tabor, Tulsa, Okl., were with him on the brief), for appellee.

Before MURRAH, Chief Judge, BREITENSTEIN, Circuit Judge, and RICE, District Judge.

BREITENSTEIN, Circuit Judge.

In this libel action appellant, Curtis Publishing Company (Curtis), asserts that it is not subject to service of process in Kansas. Suit was begun in a Kansas state court and removed on the ground of diversity. An appropriate motion to quash service of summons was denied. Pursuant to 28 U.S.C. § 1292(b) we allowed an appeal to be taken from such interlocutory order.

There is no dispute in the facts which were established by...

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