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MARSH v. SOUTHERN AIRWAYS, INC.

No. 20006.

316 F.2d 91 (1963)

Donald K. MARSH, Appellant, v. SOUTHERN AIRWAYS, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied May 22, 1963.

Attorney(s) appearing for the Case

Francis H. Hare, Francis H. Hare, Jr., Birmingham, Ala., Henry G. Bodkin, Jr., Los Angeles, Cal., Hare, Wynn, Newell & Newton, Birmingham, Ala., of counsel, for appellant.

E. L. All, John H. Morrow, Birmingham, Ala., White, Bradley, Arant, All & Rose, Birmingham, Ala., of counsel, for appellees.

Before JONES and BELL, Circuit Judges, and GROOMS, District Judge.

JONES, Circuit Judge.

The appellant, Donald K. Marsh, brought an action in the District Court for the Northern District of Alabama against Southern Airways, Inc. The basis for federal jurisdiction is diversity of citizenship. The appellant's complaint, after three amendments, alleged that he had purchased a ticket from Southern Airways for transportation from Atlanta, Georgia, to Huntsville, Alabama, and that because of its failure to take "the usual and necessary...

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