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NUNN v. FELTINTON

No. 18771.

294 F.2d 450 (1961)

G. C. NUNN, Receiver, Horace Smith, Fred Nemerovski and Harry Ballis, Appellants, v. Robert L. FELTINTON et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied December 12, 1961.

Attorney(s) appearing for the Case

Maurice R. Bullock, Fort Stockton, Tex., F. H. Pannill, Tom Sealy and Garland Casebier, Midland, Tex., Stubbeman, McRae, Sealy & Laughlin, Midland, Tex., of counsel, for appellants.

Pinkney Grissom, H. F. Thompson, Morris Harrell, Dallas, Tex., Thompson, Knight, Wright & Simmons, Dallas, Tex., of counsel, for appellees.

Before HUTCHESON, RIVES and WISDOM, Circuit Judges.

RIVES, Circuit Judge.

On the merits the question is whether the district court correctly held that a valid sale of real properties located in Texas had been made by a statutory liquidator for an Illinois bank pursuant to a decree of an Illinois state court. Before reaching the merits, a question of the requisite diversity of citizenship to confer federal jurisdiction must first be decided. That question is whether a Receiver appointed by a Texas state court to administer...

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