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MIDWEST-RADIANT CORPORATION v. HENTZE

No. 9413.

171 F.2d 635 (1948)

MIDWEST-RADIANT CORPORATION v. HENTZE.

United States Court of Appeals Seventh Circuit.

November 30, 1948.

Attorney(s) appearing for the Case

Henry Driemeyer, of East St. Louis, Ill., Frederick E. Merrills, of Belleville, Ill., Harold L. Reeve and Elmer M. Leesman, both of Chicago, Ill., and Isaac C. Orr and Laura Andreas, both of St. Louis, Mo., for appellant.

Sam S. Pessin, of Belleville, Ill., David F. Root and Leonard Hoffman, both of Morris, Ill., and Preston K. Johnson, Sr., and Preston K. Johnson, Jr., both of Belleville, Ill., for appellees.

Before KERNER and MINTON, Circuit Judges, and BRIGGLE, District Judge.

KERNER, Circuit Judge.

Plaintiff instituted this action for a declaratory judgment pursuant to § 274d(1) of the Judicial Code 28 U.S.C.A. §§ 2201, 2202. Federal jurisdiction is founded upon diversity of citizenship and the requisite amount in controversy. Plaintiff sought a decree that defendant Northern Illinois Coal Corporation (hereinafter referred to as Northern) had no right, title or interest to the coal underlying certain real estate in St. Clair...

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