Gay v. E. H. Moore, Inc.

RICE, District Judge.-

This cause was originally begun in the District Court in Pontotoc County, State of Oklahoma, and upon petition of defendants removed to this court and filed herein on June 23rd, 1938; thereafter the defendants each filed separate special demurrers on July 13th, 1938. On October 17th, 1938, the special demurrers were presented in open court and thereupon briefs were ordered by the court to be filed.

The Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, became effective on September 16th, 1938. Rule 86 provides that: “ * * * they govern all proceedings…