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MURPHY v. SUN OIL CO.

No. 8184.

86 F.2d 895 (1936)

MURPHY v. SUN OIL CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied January 13, 1937.

Attorney(s) appearing for the Case

R. L. House, of San Antonio, Tex., and Felix A. Raymer, of Houston, Tex., for appellant.

J. W. Timmins and T. L. Foster, both of Dallas, Tex., and B. D. Tarlton, of Corpus Christi, Tex., for appellee.

Before HUTCHESON and HOLMES, Circuit Judges, and STRUM, District Judge.

HUTCHESON, Circuit Judge.

The suit was in trespass to try title by petition in the usual form for a tract of 68½ acres of land which was alleged to exceed in value the sum of $3,000, exclusive of interest and costs. The ground of jurisdiction was diversity, plaintiff being a resident citizen of the state of New Jersey, and defendant of the state of Texas.

Defendant filed a plea in abatement and to the jurisdiction of the court, alleging nonjoinder of...

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