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UNITED NUCLEAR CORP. v. MOKI OIL AND RARE METALS CO.

No. 8307.

364 F.2d 568 (1966)

UNITED NUCLEAR CORPORATION, a Delaware corporation, Appellant, v. MOKI OIL AND RARE METALS CO., a New Mexico corporation, Appellee.

United States Court of Appeals Tenth Circuit.

July 25, 1966.

Attorney(s) appearing for the Case

Harry L. Bigbee, Santa Fe, N. M. (Harl D. Byrd, G. Stanley Crout, Richard N. Carpenter, Arthur H. Coleman and Bigbee & Byrd, Santa Fe, N. M., on the brief), for appellant.

Robert L. Blumenthal, Dallas, Tex. (Lewis R. Sutin, Robert W. Botts, Sutin & Jones, Botts, Botts & Mauney, Albuquerque, N. M., and Carrington, Johnson & Stephens, Dallas, Tex., on the brief), for appellee.

Before MURRAH, Chief Judge, and PHILLIPS and LEWIS, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

This is a diversity action brought by Moki Oil & Rare Metals Company,1 a New Mexico corporation, against Phillips Petroleum Company2 and United Nuclear Corporation,3 both Delaware corporations.

28 U.S.C.A. § 1332 in part here material reads:

"§ 1332. Diversity of citizenship; amount in controversy; costs

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