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SMITH v. FISHER PIERCE COMPANY

Civ. A. No. 1899.

248 F.Supp. 815 (1965)

Grant SMITH, Plaintiff, v. FISHER PIERCE COMPANY, and Richard W. Kennedy, Defendants.

United States District Court E. D. Tennessee, Northeastern Division.

November 15, 1965.

Attorney(s) appearing for the Case

Phillips & Hale, Rogersville, Tenn., Winfield B. Hale, Jr., Rogersville, Tenn., of counsel, for plaintiff.

Hodges, Doughty & Carson, Knoxville, Tenn., John P. Davis, Jr., Knoxville, Tenn., of counsel, for defendant.

NEESE, District Judge.

The Court has previously ruled that the removal petition herein does not properly allege the diversity of citizenship of the plaintiff and the defendants at the time of the commencement in the state court of this action and at the time of its removal therefrom to this Court, see order of October 2, 1965, but counsel for the defendants was granted time in which to file a motion to correct the jurisdictional defect. The motion has now been filed...

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