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FITZGERALD v. PERKINS OIL CO. OF DELAWARE

No. 10826.

89 F.2d 98 (1937)

FITZGERALD v. PERKINS OIL CO. OF DELAWARE et al.

Circuit Court of Appeals, Eighth Circuit.

March 31, 1937.

Attorney(s) appearing for the Case

John D. Martin, Jr., of Memphis, Tenn. (Rexford V. Wheeler, of Marion, Ark., on the brief), for appellant.

Benj. Goodman, Jr., of Memphis, Tenn. (A. G. Riley and Armstrong, McCadden, Allen, Braden & Goodman, all of Memphis, Tenn., on the brief), for appellees.

Before SANBORN and THOMAS, Circuit Judges, and MUNGER, District Judge.

PER CURIAM.

This is an appeal from a judgment dismissing, for failure to prosecute, an action brought by James Fitzgerald against the Perkins Oil Company and C. H. Caldwell in the circuit court of the Second circuit of Arkansas and removed by the corporate defendant to the federal court on the grounds of diversity of citizenship, a separable controversy, and fraudulent joinder. The plaintiff denied that there was a separable controversy or a fraudulent joinder, and...

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