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FRY v. LAYNE-WESTERN COMPANY

No. 16371.

282 F.2d 97 (1960)

Vene D. FRY, d/b/a Vene D. Fry Company, Appellant, v. LAYNE-WESTERN COMPANY, Appellee.

United States Court of Appeals Eighth Circuit.

On the Merits August 9, 1960.

Rehearing Denied October 13, 1960.

Attorney(s) appearing for the Case

George T. Morton, Jr., of Watson, Ess, Marshall & Enggas, Kansas City, Mo., for appellant.

Edward T. Matheny and C. E. Lombardi, Jr., Kansas City, Mo., for appellee.

Before SANBORN, VAN OOSTERHOUT and MATTHES, Circuit Judges.

On Jurisdiction

PER CURIAM.

This appeal challenges the validity of an injunction granted the plaintiff (appellee) in an unfair competition action. The decision of the trial court is reported in 174 F.Supp. 621.

We find nothing in the record on appeal which demonstrates that the District Court had jurisdiction of the case. Diversity of citizenship was neither pleaded nor...

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