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MAPLE ISLAND FARM v. BITTERLING

No. 14455.

196 F.2d 55 (1952)

MAPLE ISLAND FARM, Inc. v. BITTERLING.

United States Court of Appeals, Eighth Circuit.

As Corrected May 8, 1952.

Rehearing Denied May 13, 1952.

Attorney(s) appearing for the Case

Pierce Butler, St. Paul, Minn. (M. J. Doherty and Doherty, Rumble, Butler & Mitchell, St. Paul, Minn., on the brief), for appellant.

Warren E. Burger, St. Paul, Minn. (Roland J. Faricy and Faricy, Burger, Moore & Costello, St. Paul, Minn., on the brief), for appellee.

Before GARDNER, Chief Judge, and WOODROUGH and THOMAS, Circuit Judges.

THOMAS, Circuit Judge.

This is an appeal by the defendant from a judgment for the plaintiff in an action for damages for breach of two contracts. Jurisdiction is predicated upon diversity of citizenship. 28 U.S.C.A. § 1332. At this time the question of the jurisdiction of the district court only is presented for determination.

In his amended complaint the plaintiff alleged "That the plaintiff is a citizen of the State of Oklahoma and that the defendant...

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