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MARKHAM v. CITY OF NEWPORT NEWS

No. 8216.

292 F.2d 711 (1961)

Marvine MARKHAM, Appellant, v. CITY OF NEWPORT NEWS, a municipal corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided June 19, 1961.

Attorney(s) appearing for the Case

Stanley E. Sacks and Harold M. Stern, Norfolk, Va. (Sacks & Sacks, Norfolk, Va., on the brief), for appellant.

Harry L. Nachman, City Atty., Newport News, Va., for appellee.

Before HAYNSWORTH and BOREMAN, Circuit Judges, and FIELD, District Judge.

HAYNSWORTH, Circuit Judge.

Whether a state may prevent resort to the federal diversity jurisdiction for enforcement of a right created by the state is the question. The District Court held that it could.1 We disagree.

The plaintiff, a citizen of California, commenced this action in the United States District Court for the Eastern District of Virginia against the City of Newport News, Virginia. She alleged that while driving her...

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