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WALKER v. ARMCO STEEL CORP.

No. 78-1477.

592 F.2d 1133 (1979)

Fred N. WALKER, Plaintiff-Appellant, v. ARMCO STEEL CORPORATION, a corporation, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

Decided February 14, 1979.

Attorney(s) appearing for the Case

Don Manners of Manners, Cathcart & Lawter, Oklahoma City, Okl., for plaintiff-appellant.

Burton J. Johnson and Richard L. Keirsey of Looney, Nichols, Johnson & Hayes, Oklahoma City, Okl., for defendant-appellee.

Before McWILLIAMS, BARRETT and DOYLE, Circuit Judges.

WILLIAM E. DOYLE, Circuit Judge.

This is a Calendar C case.

This is a diversity action which raises the question whether Rule 3 of the Federal Rules of Civil Procedure or § 97 of Okla.Stat. title 12 (West Supp. 1978) determines when a case is filed in the federal court. Is it a state law or federal question? The underlying problem is whether Ragan v. Merchants Transfer & Warehouse Co.,

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