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PONTARELLI TRUST v. CITY OF McALLEN

Civ. A. No. 68-B-79.

288 F.Supp. 988 (1968)

Raymond PONTARELLI TRUST by Lois Pontarelli, Plaintiff, v. CITY OF McALLEN, Texas, Defendant.

United States District Court S. D. Texas, Brownsville Division.

September 9, 1968.

Attorney(s) appearing for the Case

Henrichson & Bates, James S. Bates, Edinburg, Tex., for plaintiff.

Rankin, Kern, Martinez & Van Wie Robert H. Kern, Jr., McAllen, Tex., for defendant.

MEMORANDUM AND ORDER

GARZA, District Judge.

The Court has before it the motion of the Defendant, City of McAllen, Texas, to dismiss the complaint in this cause for the reason that there is no diversity of citizenship.

The suit is one involving damages suffered by the Plaintiff when the City of McAllen, as an aftermath of hurricane BEULAH, pumped raw sewage on the lands of the Plaintiff where a residence was located.

The Plaintiff in this...

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