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WENTZ v. ALBERTO CULVER COMPANY

No. 1382.

294 F.Supp. 1327 (1969)

Elaine WENTZ, Plaintiff, v. ALBERTO CULVER COMPANY, a Delaware Corporation, Defendant.

United States District Court D. Montana, Helena Division.

January 27, 1969.

Attorney(s) appearing for the Case

Thomas H. Mahan, Helena, Mont., Roland V. Colgrove, Miles City, Mont., John Marriott Kline, L. Neil Axtell, Glasgow, Mont., for plaintiff.

Keller, Magnuson & Reynolds, Drake & DeGrandpre, Helena, Mont., Jardine, Stephenson, Blewett & Weaver, Great Falls, Mont., for defendant.

RUSSELL E. SMITH, Chief Judge.

This opinion is concerned with the problem of relation back under Rule 15 (c) of the Rules of Civil Procedure as amended in 1966, and with the problem of jurisdiction arising upon the removal of a case to this court from the state court by a corporation nonexistent under the description of it used in the removal petition.

The facts are these: On January 31, 1966, plaintiff filed in the state court a complaint charging Alberto...

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