JOHN E. MILLER, District Judge.
The plaintiff, Charles B. McElroy, is a citizen and resident of the State of Oklahoma. The defendant, Employers' Liability Assurance Corporation, Ltd., is a corporation incorporated under the laws of the State of Massachusetts, and is engaged in the insurance business in Arkansas.
On April 15, 1958, plaintiff filed his suit against defendant, the insurer of Sparks Memorial Hospital of Fort Smith,
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