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FARMER v. PHILADELPHIA ELECTRIC COMPANY

No. 14460.

329 F.2d 3 (1964)

Eugene FARMER, Appellant, v. PHILADELPHIA ELECTRIC COMPANY.

United States Court of Appeals Third Circuit.

Decided March 12, 1964.

Rehearing Denied April 8, 1964.

Attorney(s) appearing for the Case

Norman Shigon, Philadelphia, Pa., for appellant.

Thomas A. Masterson, Philadelphia, Pa. (Vincent P. McDevitt, Eugene J. Bradley, Morgan, Lewis & Bockius, Philadelphia, Pa., on the brief), for appellee.

Before McLAUGHLIN, KALODNER and GANEY, Circuit Judges.

GANEY, Circuit Judge.

This is an appeal from an order of the District Court dismissing the complaint. Since diversity of citizenship of the parties does not exist here, the threshold question is whether that court had jurisdiction under 28 U.S.C.A. § 1331(a).1 The case appears to be the first of its kind in the Federal courts.

In substance the complaint, filed September 13, 1962, makes the following averments: By an Executive...

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