ATWELL, District Judge.
This suit originated in the state court. It was brought by a citizen of Texas against a citizen of California, and it is alleged that, "on or about January 29th, 1931, one E. E. McNey was the agent, servant and employee, of Alfred Asher, and was in his usual course of business, and was carrying on the business of his employer, the said Alfred Asher, and on said date was operating a car owned by the said defendant and was using the highways...
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