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Show TRANSFER OF DAMAGE i CASE TO BE DECIDED Suit iu District Court Against Mining Company May Bo Taken to Federal Fed-eral Tribunal for Decision. A new element of strategy was introduced intro-duced by counsel for the defense vesterday vester-day in the case of John Kendich aaina tho Utah Consolidated Mining company on trial before Judge P. C. Evais of the lhird district court. Kendich is suing for $311,000 damages dam-ages for personal injuries he claims to have suffered while in the emiiluy of the defendant company. In the action brought C. E. Johnson, shift boss under whom Kendich worked, was made co-defendant co-defendant with the company. The defense de-fense won on a motion for nonsuit yesterday yes-terday in so far as Johnson was concerned. con-cerned. Counsel then immediately moved lor transfer of the case to th" United States district court. The defense had asked at be-dnnin" of the trial that the case be continued until after the war. because of the fact that Kendich is an alioD eneniv an Austrian. The court ruled that' the trial should proceed. Argument on the motion for transfer will be heard bv Judge Evans this morning. The motion is based on the ground that the defendant defend-ant company is not a Utah corporation and that since Johnson is 110 loicrrr a' defendant Uie case properly belongs iu the federal court because of the non-residence non-residence of the defendant in 'JUs state |