Walla v. Sinclair Oil & Gas Co.

DELEHANT, District Judge.

After removing this action to this court from the District Court of Cheyenne County, Nebraska, the defendant served and filed a consolidated motion (a) for order requiring plaintiff to elect, and (b) for more definite statement. Pursuant to stipulation of the parties the court ordered the motion to be submitted on briefs; and briefs have been served and delivered to the undersigned. Then on March 7, 1955, the plaintiff filed a duly served amended petition (thus preserving the language of the state court practice). And on March 22, 1955, the parties filed a stipulation…