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SMITH v. FERGUSON

Civ. No. 1621.

158 F.Supp. 487 (1958)

Sherwood H. SMITH, Jr., Plaintiff, v. Harry E. FERGUSON and wife, Juanita Ferguson, and Thomas Ferguson, Defendants.

United States District Court W. D. North Carolina, Asheville Division.

January 27, 1958.

Attorney(s) appearing for the Case

McCarthy, Lane, & Adams, Jacksonville, Fla., Lee & Marler, Asheville, N. C., for plaintiff.

Harkins, Van Winkle, Walton & Buck, Herbert L. Hyde, Asheville, N. C., for defendants.

WARLICK, District Judge.

This is an action in which plaintiff seeks a recovery for injuries suffered and sustained through the alleged negligence of the defendants. Plaintiff is a resident of Jacksonville, Florida. The defendants reside in Sylva, Jackson County, in the Western District of North Carolina. The action was filed originally in this court and under the diversity of citizenship statute. 28 U.S.C. Sec. 1332. The hearing was had by the Court, a jury trial...

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