HUMMEL v. TOWNSEND

No. 88-1628.

883 F.2d 367 (1989)

Gene M. HUMMEL, Trustee for the Reorganized Church of Jesus Christ of Latter Day Saints, Plaintiff-Appellant, v. Wesley TOWNSEND, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied October 13, 1989.


Attorney(s) appearing for the Case

J. Richard Tubb, Brent L. Brown, Stinson, Mag & Fizzell, Dallas, Tex., Stephen J. Owens, Christopher M. Kato, Kansas City, Mo., David G. Tekell, Waco, Tex., for plaintiff-appellant.

Greg White, Jack Welch, McGregor, White, Malesovas & McSwain, Waco, Tex., for defendant-appellee.

Before RUBIN, KING, and GARWOOD, Circuit Judges.


GARWOOD, Circuit Judge:

This is a case involving disputed ownership of real property in which jurisdiction was sought to be predicated solely on the basis of diversity of citizenship. The district court, on consideration of defendant's motion to dismiss for want of jurisdiction, found that diversity was not established and dismissed the suit for that reason. Plaintiff appeals, and we affirm.

Plaintiff-appellant Gene M. Hummel (Hummel), a citizen of Missouri...

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