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BACKER v. LEVY

No. 160.

82 F.2d 270 (1936)

BACKER et al. v. LEVY et al.

Circuit Court of Appeals, Second Circuit.

February 10, 1936.

Attorney(s) appearing for the Case

Isidor J. Kresel, of New York City (Isidor J. Kresel, Bernard Hershkopf, and William Peyton Marin, all of New York City, of counsel), for appellants.

Max D. Steuer, of New York City, for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

This is an appeal from a decree dismissing the bill of complaint in that it stated no cause of action and that the court was without jurisdiction because of lack of diversity of citizenship. The decree was entered upon a motion by the defendant Levy to dismiss the bill for the foregoing reasons.

The complainants are citizens of the state of South Carolina and infants suing by their guardian ad litem. The individual defendants...

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