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BOYCE v. PI KAPPA ALPHA HOLDING CORPORATION

No. 72-1540.

476 F.2d 447 (1973)

Jonathan BOYCE (F. Gordon Boyce, Administrator of the Estate of Jonathan Boyce, Deceased, substituted in the place and stead of), Plaintiff-Appellee, v. PI KAPPA ALPHA HOLDING CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 20, 1973.

Attorney(s) appearing for the Case

Steven R. Berger, Raymond J. Dwyer, Miami, Fla., for defendant-appellant.

Larry S. Stewart, L. Edward McClellan, Jr., Miami, Fla., for plaintiff-appellee.

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

MOORE, Circuit Judge:

This is an appeal from a Florida common law negligence action which was removed from the Florida State court to Federal District Court on grounds of diversity jurisdiction. The complaint alleged that plaintiff-appellee Jonathan Boyce on July 20, 1970, was an invitee at the Pi Kappa Alpha Fraternity House on the University of Miami campus (hereinafter "Pike House"), premises owned by defendant-appellant Pi Kappa Alpha Holding Corporation, and...

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