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MOYNIHAN v. ELLIOTT

No. 13652.

195 F.2d 363 (1952)

MOYNIHAN v. ELLIOTT.

United States Court of Appeals Fifth Circuit.

April 5, 1952.

Attorney(s) appearing for the Case

L. J. Cushman, Miami, Fla., for appellant.

Benjamin E. Carey, John C. Sullivan, Miami, Fla., for appellee.

Before HUTCHESON, Chief Judge, and BORAH and STRUM, Circuit Judges.

HUTCHESON, Chief Judge.

This appeal from a judgment dismissing the action for want of the requisite diversity assails the judgment1 as erroneously entered. In support of her position, that it was, appellant makes three contentions.

The first of these, and the one mainly labored, is: that Secs. 41(1) and 80, Title 28 U.S.C., invoked and applied below, while in force and fully effective on Jan. 12, 1948, when the suit was filed,...

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