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McCORMICK v. TIPTON

No. 13422.

259 F.2d 913 (1958)

Leo W. McCORMICK, Appellant, v. Harold D. TIPTON and J. E. Tipton, partners trading under the name of B & T Mining Company, Appellees.

United States Court of Appeals Sixth Circuit.

October 22, 1958.

Attorney(s) appearing for the Case

Ferdinand Powell, Jr., Johnson City, Tenn. (Cox, Epps, Powell & Weller, Johnson City, Tenn., on the brief), for appellant.

S. J. Milligan, Greeneville, Tenn. (O. H. Wilson, Mountain City, Tenn., H. C. Haynes, Greeneville, Tenn., Ernest B. King, Bristol, Tenn., on the brief), for appellees.

Before ALLEN, Chief Judge, and MARTIN and MILLER, Circuit Judges.

PER CURIAM.

Appellant, Leo W. McCormick, a citizen of Pennsylvania, filed this action in the District Court to recover from the appellees who were citizens of Tennessee, and were partners trading under the name of B & T Mining Company, a quantity of processed and partially processed manganese ore, of which appellant claimed to be the owner and entitled to the immediate and exclusive possession. Jurisdiction was claimed by reason of diversity of citizenship and...

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