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RYBOLT v. JARRETT

No. 4605.

112 F.2d 642 (1940)

RYBOLT v. JARRETT et al.

Circuit Court of Appeals, Fourth Circuit.

June 10, 1940.

Attorney(s) appearing for the Case

H. D. Rollins, of Charleston, W. Va., for appellant.

John N. Charnock and Mose E. Boiarsky, both of Charleston, W. Va. (Sam D. Lopinsky and Frances Lopinsky, both of Charleston, W. Va., on the brief), for appellees.

Before SOPER, DOBIE, and NORTHCOTT, Circuit Judges.

DOBIE, Circuit Judge.

This appeal presents for our determination only a single question. The plaintiff, in his complaint filed in the United States District Court for the Southern District of West Virginia, brought an action under the West Virginia Statute of Death by Wrongful Act, alleging in his complaint that he was a citizen of the State of Indiana; that he had been duly appointed by the Circuit Court of Howard County, Indiana, administrator of the personal estate...

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