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SMITH v. FORD GUM & MACHINE CO.

No. 14692.

212 F.2d 581 (1954)

SMITH v. FORD GUM & MACHINE CO., Inc., et al.

United States Court of Appeals Fifth Circuit.

May 6, 1954.

Attorney(s) appearing for the Case

A. C. Wheeler, Emory F. Robinson and Wheeler, Robinson & Thurmond, all of Gainesville, Ga., for appellant.

Clinton J. Morgan, Rome, Ga., for appellees.

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

HOLMES, Circuit Judge.

Overruling the motion to dismiss this appeal,1 we proceed to the merits of the jurisdictional question that was decided by the district court. This is an action for damages for breach of contract, which action was filed in the court below and wherein federal jurisdiction was predicated solely upon diversity of citizenship. The amount involved exceeds $3000, exclusive of interest and costs. The court below dismissed...

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