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CHARLESTON NAT. BANK v. OBERREICH

No. 1628.

34 F.Supp. 329 (1940)

CHARLESTON NAT. BANK OF CHARLESTON, W. VA., v. OBERREICH et al.

District Court, E. D. Kentucky.

August 14, 1940.

Attorney(s) appearing for the Case

LeWright Browning, of Ashland, Ky., and Herbert L. Garney, of Charleston, W. Va., for complainant.

Davis Harrison, of Indianapolis, Ind., for defendants.

William J. Maier, Jr., of Charleston, W. Va., for intervener.

SWINFORD, District Judge.

This case is before me on a motion by certain of the defendants to dismiss the bill of complaint.

The ground of the motion is that this Court is without jurisdiction of the parties. That there is not the diversity of citizenship required by Section 24 of the Judicial Code, 28 U.S.C.A. § 41 (1) (b).

The plaintiff, a resident of West Virginia, holds a mortgage on certain oil...

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