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DAVIS v. W. BRUNS & COMPANY

Nos. 72-2999, 72-3474 Summary Calendar.

476 F.2d 246 (1973)

J. R. DAVIS (Estate of J. R. Davis in substitute for and stead of J. R. Davis, Deceased), Plaintiff-Appellant, v. W. BRUNS & COMPANY, Defendant-Third Party Plaintiff-Appellee, SEALAND TERMINAL CORPORATION, Third Party Defendant. James W. JONES, Plaintiff-Appellant, v. FRUCHTREEDEREI HARALD, SCHULDT & CO., Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

March 27, 1973.

Attorney(s) appearing for the Case

Robert O. Homes, Jr., Bruce C. Waltzer, George F. Riess, New Orleans, La., for J. R. Davis.

Michael K. Clann, Ronald A. Johnson, J. Barbee Winston, New Orleans, La., for W. Bruns & Co.

Robert O. Homes, Jr., Bruce C. Waltzer, New Orleans, La., for James W. Jones.

Ronald A. Johnson, J. Barbee Winston, Terriberry, Carroll, Yancey & Farrell, New Orleans, La., for Fruchtreederei Harald, Schuldt & Co.

Before THORNBERRY, GOLDBERG and RONEY, Circuit Judges.

GOLDBERG, Circuit Judge:

This is a consolidated appeal from the dismissals by summary judgment of two admiralty actions on the ground that federal jurisdiction was lacking in both cases. The parties have stipulated that the operative facts in the two cases are so nearly identical that the appeals may be disposed of together on common briefs. Those facts are not seriously disputed, and the courts below found that the "locality...

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