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SIMMONS v. CITY OF EL PASO, TEXAS

No. 19754.

320 F.2d 541 (1963)

Greenberry SIMMONS, Appellant, v. CITY OF EL PASO, TEXAS, Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied August 29, 1963.

Attorney(s) appearing for the Case

Harold S. Long, El Paso, Tex., Greenberry Simmons, Louisville, Ky., for appellant.

Morris A. Galatzan, Wm. J. Mounce, Hardie, Grambling, Sims & Galatzan, El Paso, Tex., for appellee.

Before RIVES, JONES and BROWN, Circuit Judges.

JONES, Circuit Judge.

Federal jurisdiction in this action was asserted on diversity of citizenship and under 28 U.S.C.A. § 1655. It is difficult to see how Section 1655 has anything to do with jurisdiction in this case but since diversity of citizenship and the jurisdictional amount of a matter in controversy are present, the question need not be considered.

Predecessors of title of the appellant, Greenberry Simmons, on January 25, 1910, made written...

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