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Tower Realty Company v. City of East Detroit

United States Court of Appeals, Sixth Circuit
Apr 25, 1951
188 F.2d 363 (6th Cir. 1951)

Opinion

No. 11179.

April 25, 1951.

Before SIMONS, McALLISTER, and MILLER, Circuit Judges.


A petition on behalf of the above appellant seeks clarification of our opinion filed in the above cause on December 15, 1950. 6 Cir., 185 F.2d 590. It assumes that in our discussion of the question of jurisdiction based upon diversity of citizenship, we failed to consider other jurisdictional grounds presented in its reply brief.

It is our conclusion that if there be any ambiguity in the final paragraph of the opinion which suggests facts to be considered by the district court upon retrial, there should now be added to such direction the following:

"The court will, of course, upon retrial, be free to consider any ground of jurisdiction other than that based upon diversity of citizenship, if it be found that the appellant is the real party in interest."

It is so ordered.

Judge MILLER is of the opinion that jurisdiction exists under § 1331, Title 28 U.S.C.A. and that the order appealed from should be reviewed on the present record.


Summaries of

Tower Realty Company v. City of East Detroit

United States Court of Appeals, Sixth Circuit
Apr 25, 1951
188 F.2d 363 (6th Cir. 1951)
Case details for

Tower Realty Company v. City of East Detroit

Case Details

Full title:TOWER REALTY COMPANY, Appellant, v. CITY OF EAST DETROIT, Appellee

Court:United States Court of Appeals, Sixth Circuit

Date published: Apr 25, 1951

Citations

188 F.2d 363 (6th Cir. 1951)