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LENOIR CITY CO. v. LELAND

No. Civ. 3-79-287.

479 F.Supp. 82 (1979)

The LENOIR CITY COMPANY v. John E. LELAND, Hilton Stanley Windham, and Juanita H. Windham.

United States District Court, E. D. Tennessee, N. D.

August 6, 1979.

Attorney(s) appearing for the Case

Richard L. Carson, Knoxville, Tenn., for plaintiff.

William C. Humphreys, Jr., Charles T. Huddleston, Atlanta, Ga., for Windham.

Donald F. Paine, Knoxville, Tenn., for defendants.

MEMORANDUM

ROBERT L. TAYLOR, District Judge.

This case was filed originally in the Loudon County, Tennessee Chancery Court. It has since been removed here by two of the three defendants. The only jurisdictional basis for removal is diversity of citizenship. However, since plaintiff and the third defendant not joining in the removal petition are both residents of Tennessee, complete diversity of citizenship does not exist in this case unless a separate and...

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