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PATTIZ v. SCHWARTZ

No. 18780.

386 F.2d 300 (1968)

Howard PATTIZ and Sidney Kleg, Appellants, v. Julia SCHWARTZ and Julius Schwartz, Appellees.

United States Court of Appeals Eighth Circuit.

January 15, 1968.

Attorney(s) appearing for the Case

Paul H. Schramm, Clayton, Mo., for appellant; Bernard Susman, St. Louis, Mo., on the brief.

Hubert Binowitz, St. Louis, Mo., for appellee.

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

BLACKMUN, Circuit Judge.

The district court's memorandum is reported as Schwartz v. Pattiz, 41 F.R.D. 456 (E.D.Mo.1967).

This diversity case seems to be beset with more than its share of procedural difficulties. Not the least was the failure of the plaintiffs in their original and amended complaints to allege diversity of citizenship rather than mere diversity of residence. This, of course, as this court repeatedly...

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