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ROBERT E. LEE & CO. v. VEATCH

No. 8348.

301 F.2d 434 (1961)

ROBERT E. LEE & CO., Inc., and Dixie Construction Company of Georgia, Inc., Appellees, v. Nathan Thomas VEATCH and Thomas B. Robinson, doing business as Black & Veatch, Appellants,

United States Court of Appeals Fourth Circuit.

Decided December 8, 1961.

Rehearing Denied February 24, 1962.

Attorney(s) appearing for the Case

Wesley M. Walker, Greenville, S. C. (Fletcher C. Mann, Greenville, S. C., Menefee D. Blackwell, Donald L. Dorei, Kansas City, Mo., Leatherwood, Walker, Todd & Mann, Greenville, S. C., and Caldwell, Blackwell, Oliver & Sanders, Kansas City, Mo., on brief), for appellants.

Robert M. Hitch, Savannah, Ga., and David L. Freeman, Anderson, S. C. (Watkins, Vandiver, Freeman & Kirven, Anderson, S. C., and Hitch, Miller & Beckmann, Savannah, Ga., on brief), for appellees.

Before SOBELOFF, Chief Judge, and SOPER and BOREMAN, Circuit Judges.

SOBELOFF, Chief Judge.

The question to be decided is whether the venue provisions of 28 U.S.C.A. § 1391(c) are applicable to corporations suing as plaintiffs, as well as to those named as defendants. The District Court decided that these provisions are so applicable. 195 F.Supp. 528 (W.D. S.C.1961). We, however, conclude that they are not.

An action was brought by Dixie Construction Company of Georgia, Inc., a Georgia...

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