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SMITH v. CARTER

No. 75-2087.

545 F.2d 909 (1977)

Dr. Jean E. SMITH, Plaintiff-Appellant-Cross Appellee, v. Larry CARTER, Defendant-Appellee-Cross Appellant.

United States Court of Appeals, Fifth Circuit.

January 20, 1977.

Attorney(s) appearing for the Case

Fred M. Bush, Jr., Tupelo, Miss., Norman Sepenuk, Portland, Or., for plaintiff-appellant-cross appellee.

Paul M. Moore, Calhoun City, Miss., Armis E. Hawkins, Houston, Miss., for defendant-appellee-cross appellant.

Before COLEMAN, GODBOLD and HILL, Circuit Judges.

JAMES C. HILL, Circuit Judge:

The sole question presented in this appeal is whether a United States citizen who is a permanent resident of Canada may invoke the diversity jurisdiction of a federal district court under 28 U.S.C. § 1332(a) to maintain a civil action against a citizen of the State of Mississippi. The plaintiff-appellant, Dr. Jean E. Smith, is a professor of political economy at the University of Toronto, Canada, and a novice in the cattle business...

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