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LOWE v. JACOBS

No. 16468.

243 F.2d 432 (1957)

Octavia LOWE et al., Appellants, v. Samuel Garfield JACOBS, Appellee.

United States Court of Appeals Fifth Circuit.

April 22, 1957.

Attorney(s) appearing for the Case

Richard E. McDaniel, Center, Tex., for appellants.

Howell Cobb, Beaumont, Tex., W. B. Patterson, Dallas, Tex., Robertson, Jackson, Payne, Lancaster & Walker, Dallas, Tex., Orgain, Bell & Tucker, Beaumont, Tex., of counsel, for appellee.

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

PER CURIAM.

This is an appeal from a preliminary injunction granted by the trial court restraining appellants and their attorney from proceeding further in a damage suit filed in a Texas state court after the defendant below had timely and properly1 removed the suit to the United States District Court. The appellants claim that the suit based on diversity was not removable under the joinder-of...

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