HARDIN v. McAVOY

No. 15012.

216 F.2d 399 (1954)

Walton HARDIN v. James L. McAVOY and Knox Corporation.

United States Court of Appeals Fifth Circuit.

Rehearing Denied January 10, 1955.


Attorney(s) appearing for the Case

Walton Hardin, Dan H. Stubbs, Jr., Jacksonville, Fla., for appellant.

Henry G. Neal, Knox & Neal, Thomson, Ga., Earle Norman, Washington, Ga., for appellees.

Before HUTCHESON, Chief Judge, and RIVES and TUTTLE, Circuit Judges.


HUTCHESON, Chief Judge.

What and all that is for decision here is whether the district court erred in dismissing plaintiff's suit for want of jurisdiction on the ground that both plaintiff and defendants were citizens of Georgia.

The question comes to us in this way. On July 28, 1953, plaintiff below, appellant here, alleging himself to be a citizen of Florida, brought this suit for conversion of timber of the value of $16,400.

On August 28th the defendants...

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