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SUDDUTH BROTHERS, INC. v. KYANITE MINING CORPORATION

Civ. A. No. 5902.

270 F.Supp. 595 (1967)

SUDDUTH BROTHERS, INC. v. KYANITE MINING CORPORATION, Goray Realty Company, Inc., Walter Gernt and the unknown heirs at law of Bruneo Gernt, Deceased, the unknown heirs at law of E. G. Welker, Deceased, Island Oil Corporation, the unknown heirs of Cyrus Clark.

United States District Court E. D. Tennessee, N. D.

May 17, 1967.

Attorney(s) appearing for the Case

Marsh & McKeehan, Knoxville, Tenn., for plaintiff.

S. Frank Fowler, Jr., Knoxville, Tenn., Robert F. Turner, Jamestown, Tenn., Lewis S. Pope, Nashville, Tenn., for defendants.

MEMORANDUM

ROBERT L. TAYLOR, Chief Judge.

Defendants, Goray Realty Company, and Walter Gernt and Bruneo Gernt Heirs, have filed motions to dismiss based, among other reasons, upon lack of jurisdiction, because diversity of citizenship is not shown or sufficiently alleged in the complaint.

On May 9, 1967 and subsequently to the filing of the two motions, plaintiff filed an amendment to its complaint making more specific the allegations of the original...

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