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PENNSYLVANIA LUMBERMENS MUTUAL INS. CO. v. THOMASON

No. C-44-S-59.

178 F.Supp. 382 (1959)

PENNSYLVANIA LUMBERMENS MUTUAL INSURANCE COMPANY, a Corporation, Plaintiff, v. G. Arthur THOMASON and Bonitz Insulation Company, a Corporation, Defendants.

United States District Court M. D. North Carolina, Salisbury Division.

November 6, 1959.

Attorney(s) appearing for the Case

Howard B. Arbuckle, Jr., Charlotte, N. C., and Richard L. Brown, Jr., Albemarle, N. C., for plaintiff.

Don A. Walser, Lexington, N. C., and Herbert S. Falk, Greensboro, N. C., for defendant Bonitz Insulation Co.

Welch Jordan, Greensboro, N. C., for defendant G. Arthur Thomason.

HAYES, District Judge.

The defendants move to dismiss this action for that Coble Dairy Products Co-operative, Inc., hereinafter referred to as Coble, a North Carolina corporation, is a necessary and indispensable party, and if a party, diversity of citizenship would not exist and the court has no jurisdiction. The defendants are citizens of North Carolina.

On May 21, 1958, Coble sustained a loss by fire caused by the alleged negligence of the defendants. Coble...

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