Franklin W. Durgin, Catherine Durgin and Orpha Durgin, a Minor v. John T. Graham

Jan. 23, 1963, Rehearing Denied Feb. 27, 1963.

Fifth Circuit Court of Appeals · decided 1963-01-23

2 counsel of record

Relies on J. C. Penney Company, Transferee v. Commissioner of Internal Revenue · Diversified Services, Inc. v. United States · United States v. Diversified Services, Inc.

Opinion by Per Curiam · Decided 1963-01-23

Franklin W. Durgin, pro se.

Henry P. Trawick, Jr., B. C. Nichols, Sarasota, Fla., for appellees.

Before TUTTLE, Chief Judge, and JONES and GEWIN, Circuit Judges.

PER CURIAM.

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The judgment of the trial curt dismissing the complaint in this case is AFFIRMED. There being no jurisdiction on the basis of diversity of citizenship, and the complaint having failed to allege jurisdictional facts to bring it within the provisions of any other jurisdictional statute, the judgment of dismissal was correct.

The judgement is

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Affirmed.