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WEEMS v. LOUIS DREYFUS CORPORATION

No. 23580.

380 F.2d 545 (1967)

Luther WEEMS, Appellant, v. LOUIS DREYFUS CORPORATION, Appellee.

United States Court of Appeals Fifth Circuit.

June 22, 1967.

Attorney(s) appearing for the Case

E. S. Nelson, Bryan & Gordon, Pascagoula, Miss., for appellant.

George E. Morse, Gulfport, Miss., Raymond L. Brown, Pascagoula, Miss., Morse & Morse, Gulfport, Miss., and Colmer, Megehee, Colmer & Brown, Pascagoula, Miss., for appellee.

Before HUTCHESON and RIVES, Circuit Judges, and CONNALLY, District Judge.

HUTCHESON, Circuit Judge:

This appeal presents the narrow question whether an action instituted in a state court against a resident defendant and a nonresident defendant, nonremovable to a federal court when commenced due to the lack of diversity of citizenship, thereafter may be removed when the resident1 defendant is dismissed by means of a directed verdict. The district court granted a petition for removal under these circumstances...

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