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APPALACHIAN ELECTRIC POWER CO. v. SMITH

4 F.Supp. 3 (1931)

APPALACHIAN ELECTRIC POWER CO. v. SMITH et al.

District Court, W. D. Virginia.

September 4, 1931.

Attorney(s) appearing for the Case

John L. Abbot, of Lynchburg, Va., Newton D. Baker and Raymond T. Jackson, both of Cleveland, Ohio, John Draper, of Pulaski, Va., and Curtis, Mallet-Prevost, Colt & Mosle, of New York City, for plaintiff.

John Paul, U. S. Atty., of Harrisonburg, Va., and Seth W. Richardson, Asst. Atty. Gen., for defendants.

McDOWELL, District Judge.

This motion is based on the theory that this suit is not a suit to remove cloud from title. The first argument made in behalf of the defendants assumes that this is a transitory action, and seemingly admits that this court would have jurisdiction of the persons of the defendants, but for the (alleged) fact that federal jurisdiction is here not based solely on diversity of citizenship. The latter part of this argument, even if it were sound...

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