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HOWARD JOHNSON OF KINGSPORT, INC. v. CITY OF KINGSPORT

Civ. A. No. 1488.

192 F.Supp. 211 (1961)

HOWARD JOHNSON OF KINGSPORT, INC., v. CITY OF KINGSPORT and D. W. Moulton, Commissioner of Highways & Public Works of the State of Tennessee.

United States District Court E. D. Tennessee, Northeastern Division.

January 26, 1961.

Attorney(s) appearing for the Case

Z. T. Osborn, Jr., Nashville, Tenn., George D. Webster, Washington, D. C., for plaintiff.

Clifford E. Sanders, Kingsport, Tenn., Edwin F. Hunt, Nashville, Tenn., James M. Glasgow, Nashville, Tenn., Ernest F. Smith, Kingsport, Tenn., for defendant.

ROBERT L. TAYLOR, District Judge.

Defendants, City of Kingsport and D. W. Moulton, Commissioner of Highways and Public Works of the State of Tennessee, filed a motion to dismiss this action for lack of jurisdiction. D. W. Moulton also filed a motion to dismiss, alleging independent grounds therefor, which, for reasons noted below, are now moot.

The plaintiff in the cause, as alleged in the complaint, is Howard Johnson of Kingsport, Inc., an Alabama corporation...

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