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JARDINE v. INTEHAR

Civ. A. No. 2754.

213 F.Supp. 598 (1963)

Joe JARDINE v. Maude INTEHAR, Administratrix of the Estate of Jerry Intehar, deceased.

United States District Court S. D. West Virginia, Charleston Division.

January 17, 1963.

Attorney(s) appearing for the Case

John H. McCutcheon and Palmer & McCutcheon, Charleston, W. Va., for plaintiff.

W. T. O'Farrell and Jackson, Kelly, Holt & O'Farrell, Charleston, W. Va., for defendant.

FIELD, Chief Judge.

The plaintiff, Jardine, alleging that he was a citizen and resident of the State of Ohio, instituted this diversity action on July 17, 1962. The defendant has moved to dismiss this action for lack of jurisdiction, charging that the plaintiff was not at the time of institution of the action a resident or citizen of the State of Ohio, but, in fact, was at that time and is presently a citizen and resident of the State of West Virginia. The defendant...

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