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JOSEPH v. DONOVER COMPANY

No. 15669.

261 F.2d 812 (1958)

Harry JOSEPH, Appellant, v. DONOVER COMPANY, Inc., a corporation, Harry J. O'Donnell, Raleigh Chinn, Kinzua Corporation, a corporation, Mark F. Mathewson and Richard K. Bush, Trustees in Dissolution of Capital Timber Products Company, a corporation, Capital Timber Products Company, a corporation, Alvin Schwager, E. W. Stuchell, D. E. Wyman and M. H. Wyman, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied January 8, 1959.

Attorney(s) appearing for the Case

Lawrence William Steinberg, Beverly Hills, Cal., Pritzker, Pritzker & Clinton, Stanford Clinton, Chicago, Ill., for appellant.

Ryan, Askren, Mathewson, Carlson & King, Richard K. Bush, John E. Ryan, Jr., Graham, Green & Dunn, Frank T. Rosenquist, Wilbur J. Lawrence, Seattle, Wash., for appellees.

Before FEE, BARNES and JERTBERG, Circuit Judges.

BARNES, Circuit Judge.

This is an action based on diversity of citizenship. 28 U.S.C. § 1332. Plaintiff is a citizen and resident of Illinois. Defendants were all corporate or individual citizens and residents of the state of Washington. The matter in controversy exceeds, exclusive of interest and costs, the sum of $3,000.

Plaintiff appeals from a judgment of dismissal of plaintiff's cause of action pursuant to the trial court's granting of a motion to...

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