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FRANK MASHUDA COMPANY v. COUNTY OF ALLEGHENY

Civ. A. 15743.

154 F.Supp. 628 (1957)

FRANK MASHUDA COMPANY, a partnership, and Frank Mashuda, Stanley Mashuda, Bernie Mashuda, and Josephine Mashuda, Partners, Plaintiffs, v. COUNTY OF ALLEGHENY and Martin W. Wise, Inc., Defendants.

United States District Court W. D. Pennsylvania.

September 27, 1957.

Attorney(s) appearing for the Case

Harold R. Schmidt, of Rose, Rose & Houston, Pittsburgh, Pa., for plaintiffs.

Nathaniel K. Beck, County Solicitor and Maurice Louik, Asst. County Solicitor, Pittsburgh, Pa., for County of Allegheny.

Carl Brandt, of Brandt, Riester, Brandt & Malone, Pittsburgh, Pa., for Martin W. Wise, Inc.

GOURLEY, Chief Judge.

This matter comes before the court on motion of the political subdivision of Allegheny County, Pennsylvania, to dismiss a complaint challenging the validity and constitutionality of a condemnation proceeding relative to property situate in Allegheny County, Pennsylvania, but owned by residents of the State of Wisconsin.

The issue posed may be thus stated:

Where diversity of citizenship exists between the owners of property condemned...

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