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ROBBINS v. WINTERS CREEK CANAL CO.

No. 11529.

109 F.2d 849 (1940)

ROBBINS et al. v. WINTERS CREEK CANAL CO. et al.

Circuit Court of Appeals, Eighth Circuit.

February 23, 1940.

Attorney(s) appearing for the Case

Thomas M. Morrow, of Scottsbluff, Neb. (William Morrow, of Scottsbluff, Neb., and James P. Mackel, of Los Angeles, Cal., on the brief), for appellants.

Roscoe T. York, of Scottsbluff, Neb. (James G. Mothersead, of Scottsbluff, Neb., on the brief), for appellees.

Before GARDNER and WOODROUGH, Circuit Judges, and MOORE, District Judge.

WOODROUGH, Circuit Judge.

The plaintiffs in this suit are non-residents of Nebraska, owning a minority of the capital stock of the Winters Creek Canal Company, a Nebraska corporation; and the defendants, residents of Nebraska, are the corporation, its officers and all of the stockholders other than the plaintiffs, excepting two upon whom service of process could not be had because they reside without the state. There is diversity of citizenship between the parties...

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