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TRUITT v. GAINES

Civ. A. No. 2150.

199 F.Supp. 143 (1961)

James Walter TRUITT, a minor, by Howard Truitt, his next friend, and Pearl L. Truitt and Howard Truitt, individually, Plaintiffs, v. Russell Lowell GAINES, Defendant.

United States District Court D. Delaware.

August 23, 1961.

Attorney(s) appearing for the Case

Harold Leshem and H. B. Rubenstein (Leshem & Rubenstein), Wilmington, Del., for plaintiffs.

Ernest S. Wilson, Jr., Wilmington, Del., for defendant.

LEAHY, Senior District Judge.

1. Citizenship of plaintiffs at the time of filing suit has been put in issue.

Findings. On April 21, 1947, the Truitt family moved to a farm of George E. Wright in Maryland.1 On December 1, 1959 this action was brought. On December 5, 1959, Truitt made arrangements to move his family to the farm of J. Lee Phillips in Delaware.2 The next day, on a Sunday,...

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