DEPARTMENT OF HIGHWAYS OF LA. v. MORSE BROS. & ASSOC.

No. 14542.

211 F.2d 140 (1954)

DEPARTMENT OF HIGHWAYS OF LOUISIANA v. MORSE BROS. & ASSOCIATES, Inc.

United States Court of Appeals, Fifth Circuit.

March 12, 1954.


Attorney(s) appearing for the Case

L. C. Parker, Joseph A. Loret, W. Crosby Pegues, Jr., D. Ross Banister, Philip K. Jones, Baton Rouge, La., for appellant.

John B. Hussey, Hussey & Smith, Shreveport, La., Harold A. Wright, Minneapolis, Minn., for appellee.

Before BORAH and RUSSELL, Circuit Judges, and DAWKINS, District Judge.


DAWKINS, District Judge.

Appellee sued for damages alleged to have been caused by the breach of a contract for the performance of certain highway work through failure of appellant to make available the land or property upon which it was to be done.

The first question to be determined is whether or not the appellant is an entity, corporate or otherwise, constituting it a citizen subject to suit by a non-resident in the Federal Courts. In the original complaint...

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