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ROBERSON v. BITNER

Civ. A. No. 1649.

218 F.Supp. 764 (1963)

Raymond M. ROBERSON, Plaintiff, v. Beryl BITNER and J. J. Taylor, Defendants and Third-Party Plaintiffs, and Pet Milk Company, Defendant, v. Glen SILVERS, Third-Party Defendant.

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

April 9, 1963.

Attorney(s) appearing for the Case

Epps, Powell, Weller, Taylor & Miller, Johnson City, Tenn., for plaintiff.

Thomas E. Mitchell, Johnson City, Tenn., for Bitner and Taylor, defendants and third-party plaintiffs.

Simmonds, Bowman & Herndon, Johnson City, Tenn., and Hodges, Doughty & Carson, Knoxville, Tenn., for defendant Pet Milk Co.

Taylor & Templeton, Knoxville, Tenn., for third-party-defendant Silvers.

NEESE, District Judge.

The defendant Pet Milk Company has moved for a dismissal of the complaint of the plaintiff Roberson against it on the ground that there are insufficient allegations of the diverse citizenship of these parties to clothe the Court with jurisdiction under 28 U.S.C. § 1332. Subsequently, the plaintiff Roberson moved to be allowed to amend his complaint so as to allege sufficient facts to support a diversity of citizenship action. The defendant...

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