MEANEY, District Judge.
This action was brought by plaintiff against the United Excavating Company for trespass upon certain lands and for conversion of earth taken therefrom between July and August of 1943. The matter is before this court by virtue of the diversity of citizenship of the parties, the amount in controversy being in excess of $3,000.
The complaint is in three counts, the first alleging that the plaintiff is the owner and in possession of certain...
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