Stauffer v. McLain Trucking, Inc.

KLOEB, District Judge.

This matter was before the Court on motions of the defendants. The McLain Trucking Company Inc. and Clyde E. Rupert, filed on July 9, 1948, to quash summons for the reason that the summons was insufficient in law in setting forth an answer date earlier than that provided under the statutes of the State of Ohio. These motions and briefs in support thereof were duly served upon counsel for the plaintiff. No answering brief was filed in response thereto, as provided by the rules of this Court, and no application for amendment or correction of the summons was filed. On…