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BURTON LINES, INC. v. MANSKY

No. C-249-D-66.

265 F.Supp. 489 (1967)

BURTON LINES, INC., Plaintiff, v. Leon MANSKY, Defendant, and Third-Party Plaintiff, v. Jimmie Lee LIPSCOMB, Latta Transport Company, Inc., and Samuel Harry Dew, Third-Party Defendants.

United States District Court M. D. North Carolina, Durham Division.

March 8, 1967.

Attorney(s) appearing for the Case

E. C. Bryson, Jr., James T. Hedrick, Newsom, Graham, Strayhorn & Hedrick, Durham, N. C., for plaintiff and Lipscomb, third-party defendant.

H. E. Stacy, Jr., McLean & Stacy, Lumberton, N. C., Geo. W. Miller, Jr., Corcoran, N. C., for defendant.

John W. Campbell, Lumberton, N. C., A. L. Meyland, G'boro, N.C., for Latta Transport Co., Inc. and Samuel Harry Dew, third-party defendants.

MEMORANDUM AND ORDER

EDWIN M. STANLEY, Chief Judge.

The single question for decision is whether this Court has diversity jurisdiction to hear and determine the issue involved in this litigation. For the reasons hereinafter stated, the Court is of the opinion that jurisdiction is lacking, and that the matter should be remanded to the Superior Court of Durham County, North Carolina, for trial.

On November 29, 1966, the plaintiff, Burton Lines, Inc...

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