FRAZIER, III v. ALABAMA MOTOR CLUB, INC.

No. 21747.

349 F.2d 456 (1965)

John G. FRAZIER, III, and Emily Louise Frazier, Appellants, v. ALABAMA MOTOR CLUB, INC., et al., Appellees. David R. LOWELL, Administrator, c.t.a., of the Estate of John G. Frazier, Jr., Appellant, v. ALABAMA MOTOR CLUB, INC., et al., Appellees.

United States Court of Appeals Fifth Circuit.

August 9, 1965.


Attorney(s) appearing for the Case

William M. Pate, Atlanta, Ga., Ernest W. Machen, Jr., Charlotte, N. C., Mitchell, Clarke, Pate & Anderson, Atlanta, Ga., Blakeney, Alexander & Machen, Charlotte, N. C., Welden & Underberg, St. Petersburg, Fla., of counsel, for appellants.

Hamilton Lokey, Atlanta, Ga., William D. Becker, Louisville, Ky., for appellees.

Before TUTTLE, Chief Judge, and EDGERTON and SMITH, Circuit Judges.


WILLIAM F. SMITH, Circuit Judge:

The plaintiffs in these actions,1 the Fraziers, individually, and Lowell, as Administrator c. t. a., of the Estate of John G. Frazier, Jr., seek judgments declaratory of their rights under contracts, copies of which are annexed to the respective complaints. The Fraziers are citizens of North Carolina and Lowell is a citizen of Florida. Each defendant is incorporated under the laws of one of the following...

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