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WHITAKER v. HARVELL-KILGORE CORPORATION

No. 27206.

418 F.2d 1010 (1969)

Harold Glenn WHITAKER, Plaintiff-Appellant, v. HARVELL-KILGORE CORPORATION and Day & Zimmerman, Inc., Defendants-Appellees. Lura Madden WHITAKER, Plaintiff-Appellant, v. HARVELL-KILGORE CORPORATION and Day & Zimmerman, Inc., Defendants-Appellees.

United States Court of Appeals Fifth Circuit.

December 3, 1969.

Attorney(s) appearing for the Case

W. Meade Burns, Jr., Robert W. Beynart, for appellants, Smith, Cohen, Ringel, Kohler, Martin & Lowe, Atlanta, Ga., of counsel.

Thomas R. Bryan, Jr., Columbus, Ga., for White and Atkinson.

Howell Hollis, James M. Manire, Columbus, Ga., for appellee Harvell-Kilgore Corporation (Now Kilgore Corporation); Foley, Chappell, Hollis & Schloth, Columbus, Ga., Chandler, Manire, Johnson & Chandler, Memphis, Tenn., of counsel.

W. M. Page, Max R. McGlamry, Columbus Ga., Edwin P. Rome, Philadelphia, Pa., for appellee Day & Zimmerman Inc.; Swift, Pease, Davidson & Chapman, Columbus, Ga., Blank, Rome, Klaus & Comisky, Philadelphia, Pa., of counsel.

Before RIVES, COLEMAN and MORGAN, Circuit Judges.

LEWIS R. MORGAN, Circuit Judge:

This is an appeal by plaintiffs, Harold Glenn Whitaker and his wife, Lura Madden Whitaker, as the result of dismissal of their complaint by the United States District Court. The motion to dismiss was sponsored by defendants, Harvell-Kilgore Corporation and Day & Zimmerman, Inc. Jurisdiction in this Court is founded on diversity of citizenship.

On November 23, 1966, Harold Whitaker was an enlisted man in the United States...

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