KURN v. BEASLEY

No. 11573.

109 F.2d 687 (1940)

KURN et al. v. BEASLEY, County Judge, et al.

Circuit Court of Appeals, Eighth Circuit.

Rehearing Denied March 8, 1940.


Attorney(s) appearing for the Case

Joseph R. Brown, of Fort Smith, Ark., and Harry P. Warner, of Washington, D. C., for appellants.

Harry P. Daily, of Fort Smith, Ark. (John P. Woods and J. S. Daily, both of Fort Smith, Ark., and Vol. T. Lindsey, of Bentonville, Ark., on the brief), for appellees.

Before WOODROUGH, and THOMAS, Circuit Judges, and NORDBYE, District Judge.


THOMAS, Circuit Judge.

This is an appeal from an order of the district court dismissing the appellants' complaint on the grounds that the requisite jurisdictional amount is not involved and that the complaint fails to state a cause of action.

The appellants, citizens and residents of Missouri, operate railway lines through Benton County, Arkansas. The substance of the allegations of their complaint is that in 1938 the County Judge of Benton County

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