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ROGERS v. PAVING DIST. NO. 1 OF CITY OF EUREKA SPRINGS

No. 10492.

84 F.2d 555 (1936)

ROGERS v. PAVING DIST. NO. 1 OF CITY OF EUREKA SPRINGS, CARROLL COUNTY, ARK., et al.

Circuit Court of Appeals, Eighth Circuit.

July 15, 1936.

Attorney(s) appearing for the Case

S. L. White, of Little Rock, Ark., for appellant.

A. J. Russell, Jr., of Eureka Springs, Ark. (Claude A. Fuller, of Eureka Springs, Ark., and John R. Duty, of Rogers, Ark., on the brief), for appellees.

Before GARDNER, SANBORN, and BOOTH, Circuit Judges.

BOOTH, Circuit Judge.

This is an appeal from an order and decree of the trial court dismissing appellant's complaint against appellees the paving district and its commissioners on the ground that the state chancery court had first acquired jurisdiction of the matter involved.

The suit was commenced July 24, 1935, in the federal court based on the ground of diversity of citizenship.

The facts alleged in the record are somewhat as follows: Appellee,...

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