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YOX v. DURGAN

Civ. A. No. 893.

302 F.Supp. 1262 (1969)

Edward YOX and Peggy Yox, Plaintiffs, v. Donald Izalah DURGAN, Defendant.

United States District Court E. D. Tennessee, Winchester Division.

July 30, 1969.

Attorney(s) appearing for the Case

Clinton Swafford, Winchester, Tenn., for plaintiffs.

C. T. Herndon, III, Johnson City, Tenn, for defendant.

MEMORANDUM OPINION AND ORDER

NEESE, District Judge.

The Court has heretofore expressed the tentative opinion that there has been insufficient substituted service of process on the defendant, who has appeared specially through counsel for the sole purpose of contesting the acquisition of in personam jurisdiction over him by this Court, to satisfy the requirements of due process of law. See memorandum opinion of May 9, 1969, D.C.,

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