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BLUE v. MATHENA

Civ. A. No. 982.

259 F.Supp. 926 (1966)

Fred O. BLUE, Trustee in Bankruptcy of Pearl Mae Mathena, Bankruptcy No. 4324, Plaintiff, v. Pearl Mae MATHENA, Marvin Clifton Mathena, an infant under the age of 21 years, and Margaret M. Mathena, an infant under the age of 21 years, Defendants.

United States District Court S. D. West Virginia, Bluefield Division.

October 26, 1966.

Attorney(s) appearing for the Case

Joseph C. Shaffer, Jr., Shaffer & Griffith, Princeton, W. Va., for plaintiff.

LeRoy Katz, Katz, Katz & Kantor, Bluefield, W. Va., for defendants.

CHRISTIE, District Judge.

This matter is before the Court pursuant to defendant's Motion to Dismiss under Rule 12(b) Federal Rules of Civil Procedure (28 U.S.C.A.), on the ground that this Court is without jurisdiction in that at the time of filing the instant Complaint, a suit between the same parties involving the same issues was then pending in the Circuit Court of Mercer County, West Virginia.

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