METCALF v. NATIONAL AIRLINES, INCORPORATED

No. 17773.

271 F.2d 817 (1959)

Paul I. METCALF, Jr., Appellant, v. NATIONAL AIRLINES, INCORPORATED, Appellee.

United States Court of Appeals Fifth Circuit.

December 1, 1959.


Attorney(s) appearing for the Case

Wyatt Johnson, Miami, Fla., Hoffman, Kemper & Johnson, Miami, Fla., for appellant.

Alfred L. McCarthy, Miami, Fla., Scott, McCarthy, Preston, Steel & Gilleland, Miami, Fla., for appellee.

Before RIVES, Chief Judge, and TUTTLE and JONES, Circuit Judges.


TUTTLE, Circuit Judge.

This is an appeal from an order dismissing the complaint of Metcalf suing for "two days pay" as a clerical employee of appellee, National Airlines, Inc. Both parties are residents of Florida. Thus no jurisdiction rests in the Federal courts to entertain this suit by reason of diversity of citizenship or because it "arises under the constitution, laws, or treaties of the United States."1 The single question thus posed...

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