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BEITER v. ERB

No. 12294.

259 F.2d 911 (1958)

Paul F. BEITER, Plaintiff-Appellant, v. Charles ERB and Louis Frankel, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied November 17, 1958.

Attorney(s) appearing for the Case

Cleland P. Fisher, Janesville, Wis., Thomas U. Flanner, Chicago, Ill., for appellant.

Mark H. Ellis, Chicago, Ill., for appellees.

Before MAJOR, FINNEGAN and HASTINGS, Circuit Judges.

MAJOR, Circuit Judge.

Paul F. Beiter, a resident of the State of Wisconsin, instituted this action against Charles Erb and Louis Frankel, residents of the State of Illinois, for the recovery of damages to person and property sustained as a result of their alleged negligence. Jurisdiction rests upon diversity of citizenship, with the requisite jurisdictional amount.

The complaint, so far as here material, alleges:

"That on the 19th day of August, 1954...

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