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BROYLES v. BAYLESS

No. 88-8607.

878 F.2d 1400 (1989)

Billy Wayne BROYLES, Linn M. Broyles, Plaintiffs-Appellants, v. Herman D. BAYLESS, Defendant, Tennessee Farmers Mutual Insurance Company, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

Rehearing Denied October 6, 1989.

Attorney(s) appearing for the Case

Office of C. Ronald Patton, Rome, Ga., Irwin Marc Ellerin, Ellerin & Williams, Denise Hinds, Atlanta, Ga., for plaintiffs-appellants.

Webb, Carlock, Copeland, Semler, & Stair, Atlanta, Ga., Douglas Meriwether Campbell, Office of Douglas Meriwether Campbell, Chattanooga, Tenn., Rebecca Frazier, Webb, Carlock, Copeland, Semler & Stair, Atlanta, Ga., for Herman D. Bayless.

Before KRAVITCH and CLARK, Circuit Judges, and HENDERSON, Senior Circuit Judge.

CLARK, Circuit Judge:

This appeal arises from the district court's dismissal of a personal injury diversity action involving an automobile collision on Monteagle Mountain in Marion County, Tennessee. After conducting a nonjury trial on the issue of liability, the district court held that, under Tennessee law, it should have considered the citizenship of one of the plaintiff's uninsured motorist carriers in determining subject matter jurisdiction. Because both the...

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