City of Cuero v. Tupper-Texas, Inc., Tupper Corporation, and Earl S. Tupper

JONES, Circuit Judge.

The City of Cuero, Texas, plaintiff in the District Court and appellant here, is a municipal corporation in and existing under the laws of the State of Texas. It will usually be called the City in our references to it. The defendant, an ap-pellee here, Tupper-Texas, Inc., is a Delaware corporation qualified in Texas. The defendant, Earl S. Tupper, also an ap-pellee, is a Massachusetts citizen. Tup-per Corporation, joined as a defendant below, has disclaimed and is not a party to the appeal to this Court. Federal jurisdiction stems from diversity of citizenship.

In 1941,…