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CARNATION CO. v. T.U. PARKS CONST. CO.

No. 86-5237.

816 F.2d 1099 (1987)

CARNATION COMPANY, Plaintiff-Appellant, v. T.U. PARKS CONSTRUCTION COMPANY, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided April 21, 1987.

Attorney(s) appearing for the Case

R.R. Ruth, Jr., James W. Milam (argued), Luther, Anderson, Cleary and Ruth, William T. Alt, Chattanooga, Tenn., for plaintiff-appellant.

George Derryberry (argued), Miller and Martin, Chattanooga, Tenn., Virginia Anne Sharber, for defendant-appellee.

Before RYAN and BOGGS, Circuit Judges, and BROWN, Senior Circuit Judge.

BAILEY BROWN, Senior Circuit Judge.

This appeal presents two questions. The first is whether, in a diversity case, a claim is barred in federal district court if it would be barred by the state's compulsory counterclaim rule if asserted in a state court of the state in which the district court sits. If the answer to this question is that the claim would be barred in federal court, the second question is whether this appellant...

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