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W. E. HEDGER TRANSP. CORP. v. IRA S. BUSHEY & SONS

No. 252.

155 F.2d 321 (1946)

W. E. HEDGER TRANSP. CORPORATION et al. v. IRA S. BUSHEY & SONS, Inc.

Circuit Court of Appeals, Second Circuit

Rehearing Denied May 23, 1946.

Attorney(s) appearing for the Case

Horace M. Gray, of New York City, for appellants.

Christopher E. Heckman and Foley & Martin, all of New York City, for appellee.

Before L. HAND, SWAN, and FRANK, Circuit Judges.

L. HAND, Circuit Judge.

The plaintiffs appeal from a judgment, dismissing their complaint for lack of jurisdiction over the subject matter appearing upon its face. The Hedger Company is a New York corporation, and so is the Bushey Company; the plaintiff, Hedger, is a citizen of New Jersey, and owns all the shares of the Hedger Company. The complaint alleged that in July, 1932, Hedger and the Bushey Company agreed upon the joint operation of barges and tugs in New...

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