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LISENBY v. PATZ

Civ. A. Nos. 4639, 4640, 4797, 4798.

130 F.Supp. 670 (1955)

Mildred Moore LISENBY and Girard P. Brownlow, Jr., Plaintiffs, v. Louis PATZ, doing business as Harper Motor Lines, Defendant. Helen Campbell BAILEY and J. Lamar Pierson, Plaintiffs, v. Louis PATZ, doing business as Harper Motor Lines, Defendant. Session MITCHUM and M. C. Segall, Plaintiffs, v. William A. ADER, Defendant. Johnnie WALTERS and Harry Hutton, Plaintiffs, v. SUPERIOR TRUCKING COMPANY, Inc., a corporation, Defendant.

United States District Court E. D. South Carolina.

April 22, 1955.

Attorney(s) appearing for the Case

Nos. 4639, 4640:

Leppard & Leppard, James E. Leppard, Chesterfield, S. C., for plaintiffs.

Willcox, Hardee, Houck & Palmer, Hugh L. Willcox, Florence, S. C., for defendant.

No. 4797:

J. D. Parler, N. H. Hamilton, St. George, S. C., for plaintiffs.

Waring & Brockinton, Charles W. Waring, Charleston, S. C., for defendant.

No. 4798:

J. D. Parler, and N. H. Hamilton, St. George, S. C., for plaintiffs.

C. Walker Limehouse, Rosen, Horger & Sims, Charlton B. Horger, Orangeburg, S. C., for defendant.

HOFFMAN, District Judge.

These four actions involve a vital question relating to practice and procedure in the Federal Courts of South Carolina. Succinctly stated, the question is as follows:

"May a citizen and resident of South Carolina, having sustained a personal injury in South Carolina in an accident alleged to have been caused by a non-resident, assign an undivided one one-hundredth (1/100) interest in his claim to a citizen and resident of the...

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