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NETERMYER v. HENLEY

Civ. No. 1366.

205 F.Supp. 734 (1962)

Richard L. NETERMYER, Plaintiff, v. Rodney J. HENLEY and Orval Shroyer, Defendants.

United States District Court N. D. Indiana, Fort Wayne Division.

June 11, 1962.

Attorney(s) appearing for the Case

Jack W. Lawson, Ft. Wayne, Ind., for plaintiff.

William L. Wilks, Ft. Wayne, Ind., for defendants.

ESCHBACH, District Judge.

This matter is presently before the Court on defendants' motion to quash service of summons and Marshal's return thereon and to dismiss plaintiff's cause of action. The grounds alleged in support of this motion are that the above-entitled cause of action is barred by the statute of limitations, as the summons was not lawfully or properly issued by the Clerk of the United States District Court...

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