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FOSTER v. MIDLAND VALLEY RAILROAD COMPANY

Civ. No. 6211.

245 F.Supp. 60 (1965)

Larry FOSTER, a minor by Helen Due, his mother and next friend, Plaintiff, v. MIDLAND VALLEY RAILROAD COMPANY, an Arkansas Corporation, John Ellis, Willie Perry, Earl Canada, W. T. Jones, C. M. Taylor, and Jimmy Blaine, Defendants.

United States District Court N. D. Oklahoma.

September 9, 1965.

Attorney(s) appearing for the Case

Jack I. Gaither, Tulsa, Okl., for plaintiff.

Dyer, Powers, Gotcher & Marsh, Tulsa, Okl., for defendants.

DAUGHERTY, District Judge.

This action against the defendant railroad presents a question regarding the location of the railroad's principal place of business for diversity jurisdiction purposes. The defendant railroad removed this cause which was brought in the District Court of the State of Oklahoma for damages in excess of $10,000.00 exclusive of interest and costs. The plaintiff seeks to remand the action claiming that the defendant, like the plaintiff, is a resident...

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