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FUTURA MUSIC, INC. v. GATES RADIO COMPANY

No. 9740.

399 F.2d 308 (1968)

FUTURA MUSIC, INC., Appellant, v. GATES RADIO COMPANY, a Corporation, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied October 8, 1968.

Attorney(s) appearing for the Case

Edward A. McConwell, Kansas City, Kan. (Cochran, Eisele & McConwell, Kansas City, Kan., on the brief), for appellant.

Douglas Stripp, Kansas City, Mo. (Thomas E. Allen, J. Milton Sullivant, Kansas City, Kan., Watson, Ess, Marshall & Enggas, Kansas City, Mo., and Sullivant & Smith, Kansas City, Kan., of counsel, on the brief), for appellee.

Before PHILLIPS, HILL and HICKEY, Circuit Judges.

ORIE L. PHILLIPS, Circuit Judge.

Futura Music, Inc.,1 brought this action against the Gates Radio Company2 to recover damages resulting from the collapse of a radio broadcasting tower.

This action was commenced by Futura in a Kansas state court and was removed to the federal court by Gates on the ground that the parties were citizens of different states.

On July 6, 1959, Futura and Gates entered...

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