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WAGNER v. FLORA

No. 6554.

290 F.2d 508 (1961)

William WAGNER, Jack A. Tretheway, and Argus Construction Company, a corporation, Appellants, v. Walter W. FLORA, Mildred L. Flora, Flora Construction Company, a corporation, and Naomi Becker, Appellees.

United States Court of Appeals Tenth Circuit.

April 18, 1961.

Attorney(s) appearing for the Case

Anthony V. Zarlengo, Denver, Colo. (Herbert A. Shatz, Denver, Colo., was with him on the brief), for appellants.

Robert A. Burgess, Casper, Wyo. (William F. Schoeberlein, Denver, Colo., was with him on the brief), for appellees.

Before MURRAH, Chief Judge, PICKETT, Circuit Judge, and KERR, District Judge.

PER CURIAM.

This appeal is from an order of the District Court dismissing plaintiff-appellants' complaint for lack of federal jurisdiction.

The action was brought in the Colorado District Court, alleging both diversity of citizenship and a federal question.

It is patently obvious that there is no diversity jurisdiction. The two individual plaintiffs are citizens of Colorado, as are two of the individual defendants. In addition, all parties are apparently...

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