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WEST v. A.T. & T. CO.

Nos. 44 and 45.

311 U.S. 223 (1940)

61 S.Ct. 179

85 L.Ed. 139

WEST ET AL. v. AMERICAN TELEPHONE AND TELEGRAPH CO.

Supreme Court of United States.

Decided December 9, 1940.

Attorney(s) appearing for the Case

Mr. H.L. Deibel, with whom Mr. Orlin F. Goudy was on the brief, for petitioners.

Mr. William B. Cockley for respondent.

MR. JUSTICE STONE delivered the opinion of the Court.

The Circuit Court of Appeals in this case, in which jurisdiction rests exclusively on diversity of citizenship, declined to follow the ruling in West v. American Telephone & Telegraph Co., 54 Ohio App. 369; 7 N.E.2d 805; 7 Ohio Opinions 363, of the Cuyahoga County Court of Appeals, an intermediate appellate court of Ohio. The question for decision is...

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