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THOMPSON v. KIMBALL

No. 13591.

165 F.2d 677 (1948)

THOMPSON v. KIMBALL et ux.

Circuit Court of Appeals, Eighth Circuit.

January 26, 1948.

Attorney(s) appearing for the Case

Yale C. Holland, of Omaha, Neb. (J. A. C. Kennedy and George L. DeLacy, both of Omaha, Neb., on the brief), for appellant.

Hugh J. Boyle, of Omaha, Neb. (Bernard J. Boyle, of Omaha, Neb., on the brief), for appellees.

Before GARDNER, THOMAS, and JOHNSEN, Circuit Judges.

THOMAS, Circuit Judge.

To recover damages for an alleged nuisance the appellees brought this action in the state court of Nebraska against the Trustee in Bankruptcy of the Missouri Pacific Railroad Company, Debtor. The case was removed to the federal court on the ground of diversity of citizenship, was tried to the court without a jury, judgment was rendered in favor of the plaintiffs for $1,000, and the defendant appeals.

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