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ALEXANDER v. SOWDERS

No. 20751.

443 F.2d 4 (1971)

Shirley ALEXANDER and William E. Alexander, Plaintiffs-Appellants, v. Harrison SOWDERS, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

May 20, 1971.

Attorney(s) appearing for the Case

J. C. Helton, Pineville, Ky., for plaintiffs-appellants; Robert O. Smith, Cincinnati, Ohio, on brief.

Robert L. Milby, London, Ky., for defendant-appellee; Hamm, Taylor, Milby & Farmer, London, Ky., on brief.

Before WEICK, PECK and KENT, Circuit Judges.

PER CURIAM.

This action, which was removed to the District Court from the Circuit Court of Bell County, Kentucky, arose out of a vehicular accident which occurred June 11, 1968. The District Judge sustained the defendant's motion to dismiss the action and this appeal followed.

It is established by his affidavit, and remains uncontroverted, that one of plaintiffs-appellants' attorneys traveled to the county seat of Bell County, Kentucky, and filed the original...

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