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MARTINEAU v. CITY OF ST. PAUL

No. 13819.

172 F.2d 777 (1949)

MARTINEAU v. CITY OF ST. PAUL et al.

United States Court of Appeals Eighth Circuit.

February 28, 1949.

Attorney(s) appearing for the Case

William H. De Parcq, of Minneapolis, Minn. (Joseph P. Johnson, of St. Paul, Minn., and Donald T. Barbeau, of Minneapolis, Minn., on the brief), for appellant.

Marshall F. Hurley, Asst. Corp. Counsel of City of Saint Paul, of St. Paul, Minn. (Bruce J. Broady, Corp. Counsel, of St. Paul, Minn., on the brief), for appellee City of Saint Paul.

Pierce Butler, III, of St. Paul, Minn. (Michael J. Doherty, Jack C. Foote and Doherty, Rumble, Butler & Mitchell all of St. Paul, Minn., on the brief), for appellees Francis D. Butler and Pierce Butler.

Before SANBORN, WOODROUGH, and THOMAS, Circuit Judges.

SANBORN, Circuit Judge.

This is an appeal from a judgment dismissing the complaint of the plaintiff (appellant) for lack of jurisdiction. The action is one to recover damages of $100,000 for personal injuries alleged to have been sustained by Daniel Joseph Murphy, a minor, as a result of the negligence of the defendants (appellees). The minor, his parents, and the defendants are all citizens of Minnesota. The plaintiff, Robert J. Martineau, who is the general guardian...

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