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HENDRY v. MASONITE CORPORATION

Nos. 71-2043, 71-2005.

455 F.2d 955 (1972)

Andre HENDRY, Plaintiff-Appellant, v. MASONITE CORPORATION and Robert E. Paul, Defendants-Appellees. Vander E. LEE, Plaintiff-Appellant, v. MASONITE CORPORATION and Robert E. Paul, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 14, 1972.

Attorney(s) appearing for the Case

George D. Maxey, Laurel, Miss., Stanford Young, Waynesboro, Miss., for Andre Hendry, plaintiff-appellant.

Quitman Ross, Laurel, Miss., for Vander E. Lee, plaintiff-appellant.

Thomas A. Bell, Joe H. Daniel, Jackson, Miss., for defendants-appellees.

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

Rehearing and Rehearing En Banc Denied June 14, 1972.

PER CURIAM:

The issue here is whether there was requisite diversity jurisdiction in the federal court when these cases were removed from a Mississippi state court. We hold that the district court erred in not finding that one of the defendants, Robert E. Paul, was a citizen of Mississippi at the time process was served on him, so that these cases must be reversed and remanded to the district court with...

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