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Neagle v. Johnson

United States Court of Appeals, Eighth Circuit
Aug 21, 1967
381 F.2d 9 (8th Cir. 1967)

Opinion

No. 18712.

July 26, 1967. Rehearing Denied August 21, 1967.

Charles White Hess, of Linde, Thomson, VanDyke, Fairchild Langworthy, Kansas City, Mo., for appellant and filed brief with Husch, Eppenberger, Donohue, Elson Cornfeld, St. Louis, Mo.

Granville L. Gamblin, Clayton, Mo., for appellees Harvey and Lizzie Bailie and filed brief.

Russell N. MacLeod, of Lyng MacLeod, St. Louis, Mo., for appellee Ruth Dalton Johnson and filed brief.

Before VOGEL, Chief Judge, BLACKMUN and HEANEY, Circuit Judges.


This is an action to quiet title. Jurisdiction in the federal courts was based upon diversity of citizenship and the amount involved. It was tried to the court without a jury. Motions for summary judgment were filed by each of the parties. The District Court granted the defendants' motion for summary judgment. This appeal followed.

The complaint and other pleadings allege diversity of residence instead of diversity of citizenship. That omission was first noticed at the time of the argument in this court. We are, however, convinced, from a consideration of the record as a whole, from the stipulations of counsel for the respective parties, and from amended pleading filed in this court, that diversity of citizenship did, in fact, exist, establishing jurisdiction in the federal courts. Accordingly, we feel justified in accepting the pleadings as having been amended to conform with the facts. See, Burkhardt v. Bates, 8 Cir., 1962, 296 F.2d 315, 316; National Farmers Union Property Casualty Co. v. Fisher, 8 Cir., 1960, 284 F.2d 421, 423; Texaco-Cities Service Pipe Line Co. v. Aetna Casualty Surety Co., 8 Cir., 1960, 283 F.2d 144, 145.

Judge Regan, in his opinion reported at 261 F. Supp. 634, has very carefully analyzed and correctly determined the issues involving Missouri law in this case. We are in accord with the opinion as published, adopt it, and on the basis thereof this case is affirmed.


Summaries of

Neagle v. Johnson

United States Court of Appeals, Eighth Circuit
Aug 21, 1967
381 F.2d 9 (8th Cir. 1967)
Case details for

Neagle v. Johnson

Case Details

Full title:Corinne Anne Staigg NEAGLE, Appellant, v. Ruth Dalton JOHNSON, Harvey…

Court:United States Court of Appeals, Eighth Circuit

Date published: Aug 21, 1967

Citations

381 F.2d 9 (8th Cir. 1967)

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