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GRANTHAM v. COLUMBIA, NEWBERRY AND LAURENS R. CO.

No. 15120.

438 F.2d 518 (1971)

Don A. GRANTHAM, as Temporary Administrator of the Estate of Franklin H. Holstedt, Appellant, v. COLUMBIA, NEWBERRY AND LAURENS RAILROAD COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided February 24, 1971.

Attorney(s) appearing for the Case

Sol Blatt, Jr., Barnwell, S.C. (John A. Martin, Winnsboro, S. C., on brief) for appellant.

H. Simons Tate, Jr., Columbia, S.C. (John H. Lumpkin, Jr., and Boyd, Bruton, Knowlton, Tate & Finlay, Columbia, S. C., on brief) for appellee.

Before HAYNSWORTH, Chief Judge and WINTER and CRAVEN, Circuit Judges.

PER CURIAM:

This railroad crossing case was brought in the diversity jurisdiction by a nonresident representative of a South Carolina decedent against a South Carolina corporation. Discovery was complete and the case ready for trial before our decision in Lester v. McFaddon, 4 Cir., 415 F.2d 1101, was announced on September 15, 1969.

This case proceeded to trial on the merits in February 1970. No one questioned the jurisdiction...

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