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BRIMHALL v. SIMMONS

No. 15677.

338 F.2d 702 (1964)

Mrs. Alice BRIMHALL, Guardian of Sherry Diane Simmons, an incompetent minor, Plaintiff-Appellant, v. Romie Eugene SIMMONS et al., Defendants-Appellees.

United States Court of Appeals Sixth Circuit.

December 4, 1964.

Attorney(s) appearing for the Case

C. M. Murphy, Memphis, Tenn., for appellant, Murphy & Jarvis, Memphis, Tenn., of counsel.

M. Watkins Ewell, Sr., Dyersburg, Tenn., for appellees, Ewell & Ewell, Dyersburg, Tenn., of counsel.

Before CECIL and PHILLIPS, Circuit Judges, and STARR, Senior District Judge.

HARRY PHILLIPS, Circuit Judge.

Does a United States District Court sitting in Tennessee have jurisdiction of an action for breach of contract filed against residents of Tennessee by a nonresident guardian for a non-resident ward?

Plaintiff, an adult citizen and resident of Florida, is the duly appointed and acting guardian of a mentally retarded minor who has been a patient at the Sunland Training Center, a Florida institution, for more than ten years. Plaintiff...

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