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Pre-Trial Statement, Exhibit 1 - Rep.Tr. p. 7.1

Where there is diversity of citizenship the

District Court has jurisdiction of the case pro-

viding the amount in controversy exceeds $3,000.

28 USCA 1332

The courts of appeal have jurisdiction from

all final decisions of the district courts of the

United States.

28 USCA 1291

Statement of the Pleadings

i II  ^  ^  mmmmmmm 

The second cause of action of the Amended

Complaint is the only cause of action involved

herein. Plaintiff alleged: That, on or about the

26th day of November, 1955, at the City of Los

Angeles, County of Los Angeles, State of California,

the defendant Elsinore C. Machris Gilliland, also

known as Elsinore Machris Gilliland, well knowing

the premises, in a certain discourse in the pres-

ence and hearing of diverse persons, maliciously

spoke, wrote and verified and published of and

concerning the plaintiff the false and malicious

words following, to wit: "That, in May and June,

1955, Ray Gilliland associated with, kept, and did

commit adultery with one Faye Lyons, at his

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