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KING & HATCH, INC. v. SOUTHERN PIPE & SUPPLY COMPANY

No. 28503.

435 F.2d 43 (1970)

KING & HATCH, INC., Plaintiff-Appellee, v. SOUTHERN PIPE & SUPPLY COMPANY, Inc., Defendant, and Wagoner Corporation, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 10, 1970.

Attorney(s) appearing for the Case

Thomas B. Huie, Henry E. Simpson, Birmingham, Ala., for defendant-appellant; Lange, Simpson, Robinson & Somerville and Huie, Fernambucq & Stewart, Birmingham, Ala., of counsel.

David J. Vann, Chervis Isom, Sirote, Permutt, Friend & Friedman, William G. West, Jr., Birmingham, Ala., for plaintiff-appellee; Berkowitz, Lefkovits, Vann & Patrick, Birmingham, Ala., for counsel.

Before JOHN R. BROWN, Chief Judge, BELL and INGRAHAM, Circuit Judges.

INGRAHAM, Circuit Judge:

In this diversity action filed against Southern Pipe & Supply Co., Inc., a corporation organized and existing under the laws of Mississippi, and Wagoner Corporation, organized and existing under the laws of the State of Tennessee, we review by way of interlocutory appeal an order of the court below denying the motion of Wagoner Corporation to quash service of process accomplished pursuant to Alabama...

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