KINSEL v. PICKENS

No. 2084.

25 F.Supp. 455 (1938)

KINSEL et ux. v. PICKENS.

District Court, W. D. Texas, San Antonio Division.

November 10, 1938.


Attorney(s) appearing for the Case

Carter & Lewis, of San Antonio, Tex., for plaintiffs.

William H. Russell, of San Antonio, Tex., for defendant.


McMILLAN, District Judge.

Plaintiffs move to remand this cause, first because there is no diversity of citizenship, and second, allowing the citizenship to be diverse, the defendant is not a nonresident.

The fact is that the defendant, being an officer in the United States Army, stationed here in line of duty, may be here for several years and he may, without the slightest volition upon his part, be transferred to some other post tomorrow. During such time...

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