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NICKELSON v. NESTLES MILK PRODUCTS CORPORATION

No. 9208.

107 F.2d 17 (1939)

NICKELSON v. NESTLES MILK PRODUCTS CORPORATION, Inc., et al.

Circuit Court of Appeals, Fifth Circuit.

November 8, 1939.

Attorney(s) appearing for the Case

W. R. Withers, of Greensboro, Ala., and J. E. Wilkinson, Jr., of Selma, Ala., for appellant.

Fleetwood Rice, J. Gordon Madison and Hyman Rosenfeld, all of Tuscaloosa, Ala., and Fred S. Ball, Jr., of Montgomery, Ala., for appellees.

Before HUTCHESON, HOLMES, and McCORD, Circuit Judges.

HOLMES, Circuit Judge.

This is an action for damages filed in the state court by appellant, Willie Nickelson, against the appellees, Nestles Milk Products Corporation and Swift & Company. The case was removed to the federal court, a motion to remand overruled, and, on motion of the defendants in the court below, a summary judgment was rendered against the plaintiff.

The question of jurisdiction demands our first consideration. Diversity of citizenship...

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