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GROSS v. HOUGLAND

No. 81-5818.

712 F.2d 1034 (1983)

Kevin GROSS, as receiver for Hougland Barge Line, Inc., a dissolved Delaware corporation, Plaintiff-Appellant, v. Frances M. HOUGLAND, et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided July 11, 1983.

Rehearing Denied September 12, 1983.

Attorney(s) appearing for the Case

James G. Apple, Bruce M. Reynolds, Stites, McElwain & Fowler, John Bartlett (argued), Louisville, Ky., for plaintiff-appellant.

Earle T. Shoup, Paducah, Ky., for Grimes.

W. David Denton, Denton & Keuler, Paducah, Ky., for Hougland.

Richard C. Roberts, Whitlow, Roberts, Houston & Russell, Paducah, Ky., for Allen and Kleet.

Before KENNEDY and WELLFORD, Circuit Judges, and CELEBREZZE, Senior Circuit Judge.

CELEBREZZE, Senior Circuit Judge.

The plaintiff-appellant, Kevin Gross, appeals from an order dismissing his diversity action for failure to state a claim upon which relief can be granted. Gross, a resident of Delaware, was appointed receiver for Hougland Barge Line, Inc., a dissolved Delaware corporation and was authorized to prosecute this lawsuit pursuant to Sec. 279 of the Delaware Corporation Code. The complaint alleges that diversity of citizenship exists and...

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