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CRESCENT LUMBER & SHINGLE COMPANY v. ROTHERUM

No. 14994.

218 F.2d 638 (1955)

CRESCENT LUMBER & SHINGLE COMPANY, Appellant, v. J. C. ROTHERUM and R. W. Anders, jointly and severally, as individuals and as partners in the firm of J. C. Rotherum Lumber Company, a partnership, Appellees.

United States Court of Appeals, Fifth Circuit.

January 25, 1955.

Attorney(s) appearing for the Case

Wm. Madden Hill, Dallas, Tex., Ungerman, Hill & Ungerman, Dallas, Tex., for appellant.

No appearance for appellee.

Before HUTCHESON, Chief Judge, HOLMES, Circuit Judge, and ALLRED, District Judge.

PER CURIAM.

Appellant, a Washington corporation, sued defendants, resident citizens of Texas, upon a sworn account1 for materials (lumber) furnished in the amount of $2,767.45, and $500 alleged to be reasonable attorney's fees. The trial court dismissed the complaint for want of jurisdiction, on the theory that the attorney's fees were not recoverable, and therefore the amount in controversy did...

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