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STAUNTON v. TEXAS COMPANY

No. 282, Docket 23946.

237 F.2d 195 (1956)

Le Roy STAUNTON, Plaintiff-Appellant, v. The TEXAS COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided September 13, 1956.

Attorney(s) appearing for the Case

Theodore C. Bonney, Waterloo, N. Y., John J. Nicit, Waterloo, N. Y., of counsel, for appellant.

Hancock, Dorr, Ryan & Shove, Jerome H. Searl, Syracuse, N. Y., for appellee.

Before FRANK, LUMBARD and WATERMAN, Circuit Judges.

PER CURIAM.

This is a diversity action for trespass to realty, brought by a citizen of New York against a Delaware corporation, in which the plaintiff claims that the defendant excavated, and laid pipes on plaintiff's property, which is on the south side of the Geneva-Waterloo State Highway in the town of Waterloo, Seneca County, New York. Defendant alleged that plaintiff's deed did not cover the property entered and that in any case, the land involved was part of...

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