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NEAGLE v. JOHNSON

No. 18712.

381 F.2d 9 (1967)

Corinne Anne Staigg NEAGLE, Appellant, v. Ruth Dalton JOHNSON, Harvey Bailie and Lizzie Bailie, Appellees.

United States Court of Appeals Eighth Circuit.

Rehearing Denied August 21, 1967.

Attorney(s) appearing for the Case

Charles White Hess, of Linde, Thomson, VanDyke, Fairchild & Langworthy, Kansas City, Mo., for appellant and filed brief with Husch, Eppenberger, Donohue, Elson & Cornfeld, St. Louis, Mo.

Granville L. Gamblin, Clayton, Mo., for appellees Harvey and Lizzie Bailie and filed brief.

Russell N. MacLeod, of Lyng & MacLeod, St. Louis, Mo., for appellee Ruth Dalton Johnson and filed brief.

Before VOGEL, Chief Judge, BLACKMUN and HEANEY, Circuit Judges.

PER CURIAM.

This is an action to quiet title. Jurisdiction in the federal courts was based upon diversity of citizenship and the amount involved. It was tried to the court without a jury. Motions for summary judgment were filed by each of the parties. The District Court granted the defendants' motion for summary judgment. This appeal followed.

The complaint and other pleadings allege diversity of residence instead of diversity of citizenship. That omission...

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