Elkins Eagles Lodge tends Organization Not i Subject to Damage Suit The' Fraternal Order of Eagles. W. Va., defer.d- H. Swick, Elkins,: w ant with in two damage suits has filed rno-i tions to quash the return of sub- j poena in Circuit Court. Two suits asking 560,000 damages were filed March 9 as a result of the fatal injury injury of Clifford L. Dawson, Route 1. Westernport, December 24. 1943 when-the small truck he was driving I was struck in the rear by a car police said Swick was driving. First of the two suits is for S50,- 000 and was filed by Da-wson's wid-lat ow, Mrs. Nola May Dawson, and: their seven children. The second; suit, for $10,000. was filed by Dawson as administratrix of her husband's estate. Both suits were i filed with two counts, the first i against the lodge and Swick the second against Swick aione. i The motions yesterday were filed • by D. Lindiey Sloan and William A. I : , attorneys for the lodge, and; they point out that the lodge is an: court. unincorporated association and isj not subject to suit in the locals The plaintiffs contended Swick i was an agent of the lodge and hadJNa been empowered by the lodge to j dnve his car from Elfcins to Cum-j berland and return in performing ins auties. but Sman and Gunterj assert that the automobile hejbe drove was not the property of the j 'o^se «. they say. the ^Annotated i e of Maryland states it must be.