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KOMER v. SHIPLEY

No. 11490.

154 F.2d 861 (1946)

KOMER v. SHIPLEY.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied May 15, 1946.

Attorney(s) appearing for the Case

Dewey Knight, of Miami, Fla., for appellant.

Abe Aronovitz, of Miami, Fla., for appellee.

Before SIBLEY, WALLER, and LEE, Circuit Judges.

LEE, Circuit Judge.

The plaintiff, a citizen of New York, brought suit for personal injuries in the Circuit Court of Broward County, Florida, against the defendant, a citizen of Michigan. The defendant removed the case to the federal court on the ground of diversity of citizenship. Plaintiff alleged that on January 4, 1939, at about 10 p. m. he was walking eastwardly along the northerly side of the Hollandale Beach Road in Broward County, Florida; and that the defendant...

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