DIXON v. MARTIN

No. 17304.

260 F.2d 809 (1958)

Leo P. DIXON, Appellant, v. John W. MARTIN, as Trustee of Florida East Coast Railway Company, a corporation authorized to do business in the State of Florida, Appellee.

United States Court of Appeals Fifth Circuit.

November 5, 1958.


Attorney(s) appearing for the Case

Walter A. Apfelbaum, Claude Pepper Law Offices, Claude Pepper, Miami, Fla., for appellant.

Jerry B. Crockett, Miami, Fla., Scott, McCarthy, Preston, Steel & Gilleland, Miami, Fla., for appellee.

Before RIVES, TUTTLE, and JONES, Circuit Judges.


RIVES, Circuit Judge.

This appeal is from a judgment sustaining a motion to dismiss the action based "on the ground that there is no substantial Federal question involved, no diversity of citizenship, and this Court lacks jurisdiction over the subject matter of the complaint."

The amended complaint is in two counts, the first predicated on the Federal Employers' Liability Act,1 and the...

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