DEPOSIT GUARANTY BANK & TRUST COMPANY v. BURTON

No. 16957.

380 F.2d 346 (1967)

DEPOSIT GUARANTY BANK & TRUST COMPANY, Administrator of the Estate of Norman Lee Miller, Deceased, Plaintiff-Appellee, v. James Robert BURTON and David Milton Burton, Defendants-Appellants.

United States Court of Appeals Sixth Circuit.

June 13, 1967.


Attorney(s) appearing for the Case

Fred H. Cagle, Jr., Knoxville, Tenn., and R. Hunter Cagle, Knoxville, Tenn., Ben F. McAuley, Knoxville, Tenn., on brief; Poore, Cox, Baker & McAuley, Frantz, McConnell & Seymour, Knoxville, Tenn., of counsel for appellants.

William D. Vines, III, Knoxville, Tenn., William E. Fitzgerald, Ollie F. Cobb, Knoxville, Tenn., on brief for appellee.

Before WEICK, Chief Judge, and PHILLIPS and PECK, Circuit Judges.


PHILLIPS, Circuit Judge.

This is a Tennessee diversity case, involving an action for wrongful death brought by the administrator of the estate of the decedent. The jury returned a verdict of $50,000 in compensatory damages against appellants, and further found punitive damages of $50,000 against another defendant, Robert O. Ash, who has not appealed.

Two principal questions are presented on this appeal: (1) Is there diversity of citizenship between the parties...

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