STUART v. FRANKLIN LIFE INS. CO.

No. 11800.

165 F.2d 965 (1948)

STUART et al. v. FRANKLIN LIFE INS. CO.

Circuit Court of Appeals, Fifth Circuit.

Rehearing Denied March 12, 1948.


Attorney(s) appearing for the Case

Dan Moody, of Austin, Tex., Ernest May, R. A. Stuart, and R. V. Nichols, all of Fort Worth, Tex., for appellants.

James A. Kilgore, of Dallas, Tex., for appellee.

Before SIBLEY, WALLER, and LEE, Circuit Judges.


LEE, Circuit Judge.

This is an action brought in the State Court of Texas by appellants, plaintiffs below, to recover $10,000 earnest money deposited with their offer to purchase of appellee, defendant below, a tract of land in Arizona containing 56,245 acres fee land, and State grass leases of 44,215 acres, more or less. The action was removed to the United States District Court for the Northern District of Texas, on the ground of diversity of citizenship.

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