MARIETTA MANUFACTURING CO. v. BRAD FOOTE GEAR WORKS, INC.

No. 11174.

377 F.2d 889 (1967)

MARIETTA MANUFACTURING COMPANY, a corporation, Appellant, v. BRAD FOOTE GEAR WORKS, INC., a Corporation, Appellee.

United States Court of Appeals Fourth Circuit.

Decided May 26, 1967.


Attorney(s) appearing for the Case

Robert H. C. Kay, Charleston, W. Va. (Kay, Casto & Chaney, Charleston, W. Va., on brief), for appellant.

Louis Linton Dent, Chicago, Ill. (J. B. Meek, Huntington, W. Va., on brief), for appellee.

Before SOBELOFF, BRYAN and CRAVEN, Circuit Judges.


PER CURIAM:

Action was brought in the Southern District of West Virginia by Marietta Manufacturing Company, a corporation organized under the laws of that State and doing business there, against Brad Foote Gear Works, Inc. chartered by and having its chief place of business in Illinois, to recover damages for breach of a 1962 contract. Jurisdiction was pitched on diversity of citizenship and damages were laid at more than $10,000.

The complaint was dismissed...

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