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WILMINGTON CAPE FEAR CORP. v. CAPE FEAR HOTEL CO.

No. 3078.

46 F.2d 430 (1931)

WILMINGTON CAPE FEAR CORPORATION v. CAPE FEAR HOTEL CO., Inc., et al.

Circuit Court of Appeals, Fourth Circuit.

January 13, 1931.

Attorney(s) appearing for the Case

K. O. Burgwin, of Wilmington, N. C. (Carr, Poisson & James, of Wilmington, N. C., on the brief), for appellant.

Charles G. Rose, of Fayetteville, N. C., (Rose & Lyon, of Fayetteville, N. C., and Bryan & Campbell, of Wilmington, N. C., on the brief), for appellees.

Before PARKER and NORTHCOTT, Circuit Judges, and SOPER, District Judge.

PARKER, Circuit Judge.

The Wilmington Cape Fear Corporation, of Delaware, instituted this suit in the superior court of New Hanover county, N. C., joining as defendants the Cape Fear Hotel Company, Inc., a corporation of the state of North Carolina, and W. R. Barringer and L. S. Barringer, residents of South Carolina. Service of summons was had upon W. R. Barringer, who promptly filed a petition for the removal of the case into the United States District Court for...

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