Legal Opinion

Howard Pattiz and Sidney Kleg v. Julia Schwartz and Julius Schwartz

Court of Appeals for the Eighth Circuit

Decided January 15, 1968No. 300PublishedCited by 1 opinion

1Opinion of the Court

BLACKMUN, Circuit Judge.

The district court’s memorandum is reported as Schwartz v. Pattiz, 41 F.R.D. 456 (E.D.Mo.1967).

This diversity case seems to be beset with more than its share of procedural difficulties. Not the least was the failure of the plaintiffs in their orig inal and amended complaints to allege diversity of citizenship rather than mere diversity of residence. This, of course, as this court repeatedly has held, does not satisfy the requirements for federal diversity jurisdiction under 28 U.S.C. § 1332(a) (1). Texaco-Cities Service Pipe Line Co. v. Aetna Cas. & Sur. Co., 283 F. 2d…

2Cases cited13 opinions

  1. Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
  2. Mitchell v. OvermanSupreme Court of the United States · 1881
  3. West Virginia Oil & Gas Co., Inc. v. George E. Breece Lumber Co., Inc.Court of Appeals for the Fifth Circuit · 1954
  4. Shirley M. Russell v. New Amsterdam Casualty Company and Consumers Public Power DistrictCourt of Appeals for the Eighth Circuit · 1962
  5. National Farmers Union Property & Casualty Co. v. Leo FisherCourt of Appeals for the Eighth Circuit · 1960

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3Cited by1 opinion

  1. Howard Pattiz and Sidney Kleg v. Julia Schwartz and Julius SchwartzCourt of Appeals for the Eighth Circuit · 1968

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