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RIXNER v. WHITE

Civ. No. A3-76-34.

417 F.Supp. 995 (1976)

George J. RIXNER, Plaintiff, v. Carl A. WHITE, et al., Defendants.

United States District Court, D. North Dakota, Southeastern Division.

August 5, 1976.

Attorney(s) appearing for the Case

Richard D. Rixner, Shawnee Mission, Kan., and Donald L. Schlapprizzi, St. Louis, Mo., for plaintiff.

Arthur S. Margulis, LaTourette, Weyerich & Margulis, Clayton, Mo., and Daniel J. Murphy, St. Louis, Mo., and J. Philip Johnson, Pancratz, Wold & Johnson, P. C., Fargo, N.D., for defendants; Frederick Alm, Stefanson, Landberg, Alm & Pitsenbarger, Ltd., Moorhead, Minn., of counsel.

ORDER

BENSON, Chief Judge.

This case was transferred to this Court pursuant to 28 U.S.C. § 1406(a)1 from the Eastern District of Missouri. That Court transferred the case "in the interest of justice" because personal jurisdiction over the Defendants had not been obtained under Rule 4(e), F.R.Civ.P., and Mo.Rev.Stat. §§ 351.633 and 560.500 relating to service of process on non-resident defendants. The service of...

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