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BRUTON v. SHANK

No. 17877.

349 F.2d 630 (1965)

Ronald Lynn BRUTON, by his Guardian, Genevieve Bruton, Appellant, v. Dennis SHANK, by Alex K. Shank, his Guardian ad litem, Appellee.

United States Court of Appeals Eighth Circuit.

September 3, 1965.

Attorney(s) appearing for the Case

Samuel W. Masten, Canton, S. D., for appellant.

J. B. Shultz, of Woods, Fuller, Shultz & Smith, Sioux Falls, S. D., for appellee.

Before VOGEL, MATTHES and RIDGE, Circuit Judges.

RIDGE, Circuit Judge.

After jury trial in the court below, resulting in verdict and judgment for defendant, appellant filed motion:

"(1) To vacate the judgment based on the jury verdict * * * on the grounds that there was no diversity of citizenship (between the parties) and the Court (below) had no jurisdiction."

and

"(2) To remand (this) case to the Circuit Court of Lincoln County, South Dakota, (from whence it was removed) and to allow...

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