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OPELIKA MFG. CORP. v. CITY OF HAWKINSVILLE, GA.

No. 75-3158 Summary Calendar.

525 F.2d 941 (1976)

OPELIKA MANUFACTURING CORP., Plaintiff-Appellee, v. CITY OF HAWKINSVILLE, GEORGIA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

January 8, 1976.

Attorney(s) appearing for the Case

Denmark Groover, Jr., Macon, Ga., Walter E. Baker, Hawkinsville, Ga., for defendant-appellant.

Carr G. Dodson, Macon, Ga., A. Felton Jenkins, Jr., Atlanta, Ga., Stanton Schuman, Chicago, Ill., for plaintiff-appellee.

Before THORNBERRY, MORGAN and RONEY, Circuit Judges.

PER CURIAM:

Appellant City of Hawkinsville appeals the grant of summary judgment for plaintiff Opelika Manufacturing Corporation by the United States District Court for the Middle District of Georgia. Asserting "diversity" jurisdiction under 28 U.S.C. 1332(a)(1), Opelika brought a declaratory action seeking a determination of the amount of its obligation under a contract it had entered in with the City.

Relevant facts are as follows: the City and Opelika agreed...

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