OHIO MARBLE CO. v. BYRD

No. 6203.

65 F.2d 98 (1933)

OHIO MARBLE CO. v. BYRD.

Circuit Court of Appeals, Sixth Circuit.

May 18, 1933.


Attorney(s) appearing for the Case

Geo. W. Berry, of Piqua, Ohio, and J. W. O'Hara, of Cincinnati, Ohio (Joseph W. O'Hara, of Cincinnati, Ohio, and Berry & McCulloch, of Piqua, Ohio, on the brief), for appellant.

O. S. Bryant and Haveth E. Mau, both of Cincinnati, Ohio (Pogue, Hoffheimer & Pogue, of Cincinnati, Ohio, on the brief), for appellee.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.


HICKS, Circuit Judge.

John U. Byrd, appellee, filed his bill in equity against the Ohio Marble Company, appellant, in which he sought to recover certain amounts alleged to have been earned by him as a salesman. Jurisdiction was based upon the statutory requirement as to amount and the allegation of diverse citizenship.

Appellee averred that he was a citizen of Kentucky, and that appellant was an Ohio corporation. There was a preliminary hearing upon appellant...

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