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VAUGHAN v. SOUTHERN RY. CO.

No. 75-2107.

542 F.2d 641 (1976)

Charles J. VAUGHAN, Ancillary Administrator of the Estate of Eldon Eure Swain, Appellant, v. SOUTHERN RAILWAY COMPANY, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided October 7, 1976.

Attorney(s) appearing for the Case

Morton Whitlow, Portsmouth, Va. (Richard S. Young, Mattox, Sondej & Young, Portsmouth, Va., Charles J. Vaughan, Turner & Vaughan, Woodland, N.C., on brief), for appellant.

J. Kenyon Wilson, Elizabeth City, N.C. (Philip P. Godwin, Gateville, N.C., and W. T. Joyner, Jr., Raleigh, N.C., on brief), for appellee.

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

HAYNSWORTH, Chief Judge:

In 1969 this court was presented with the first of a series of cases dealing with the appointment of a fiduciary to create or defeat diversity jurisdiction. Lester v. McFaddon, 4th Cir., 415 F.2d 1101 held that the appointment of a Georgia resident as administrator of the estate of a South Carolina decedent for the purpose of bringing a wrongful death action in the federal courts against a South Carolina...

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