Legal Opinion

H. E. Smith, Jr., and Wife, Waulean H. Smith v. W. S. Kincade

Court of Appeals for the Fifth Circuit

Decided April 18, 1956No. 15313PublishedCited by 15 opinions

1Opinion of the Court

JONES, Circuit Judge.

The appellants, H. E. Smith, Jr. and Waulean H. Smith, his wife, were plaintiffs in a suit against W. S. Kincade and Eva Dunn Kincade, his wife, and The Five Star Manufacturing Company, a corporation. The plaintiffs reside in Florida. The individual defendants are residents of Mississippi. The Five Star Manufacturing Company is a Minnesota corporation having its principal place of business in North Dakota. The plaintiffs allege that the corporate defendant is doing business in Mississippi. This is denied by the corporation. Federal jurisdiction is based upon diversity of…

2Cases cited3 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Woods v. Interstate Realty Co.Supreme Court of the United States · 1949
  3. Milton v. United StatesCourt of Appeals for the Fifth Circuit · 1941

3Cited by15 opinions

  1. National Bank of Alaska v. J. B. L. & K. of Alaska, Inc.Alaska Supreme Court · 1976
  2. Five Star Manufacturing Company v. Commissioner of Internal RevenueCourt of Appeals for the Fifth Circuit · 1966
  3. Aaron v. CooperDistrict Court, E.D. Arkansas · 1958
  4. Five Star Mfg. Co. v. CommissionerUnited States Tax Court · 1963
  5. Burley Newspapers, Inc. v. Mist Publishing Co.Idaho Supreme Court · 1966

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