Seeley v. Kansas City Star Co.

PHILIPS, District Judge.

The plaintiff heretofore brought suit against the defendant in the circuit court of Jackson county, Mo.| for the same cause of action, in substance, for which she sues in the pending action in this court. During the pendency of the cause in the state court the defendant proceeded, under the state statute, to take depositions therein at various points named in the notices. It does not appear that the plaintiff appeared and cross-examined the witnesses. After the depositions were filed in the proper clerk’s office, the plaintiff voluntarily dismissed her suit, and…