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TRAVELERS' PROTECTIVE ASS'N v. SMITH

No. 3642.

71 F.2d 511 (1934)

TRAVELERS' PROTECTIVE ASS'N OF AMERICA v. SMITH et al.

Circuit Court of Appeals, Fourth Circuit.

June 11, 1934.

Attorney(s) appearing for the Case

C. W. Tillett, Jr., of Charlotte, N. C. (Maurice P. Phillips, of St. Louis, Mo., and Tillett, Tillett & Kennedy, of Charlotte, N. C., on the brief), for appellant.

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

PARKER, Circuit Judge.

This action was instituted by citizens of North Carolina, in a court of that state, to recover $5,000 on a benefit certificate issued by defendant, a corporation of the state of Missouri. It was duly removed into the federal court on the ground of diversity of citizenship, as it involved more than the amount required for purposes of jurisdiction. The propriety of the removal was never challenged; but, after defendant had answered, plaintiffs...

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