Glaeser v. Acacia Mut. Life Ass'n

GOODMAN, District Judge.

The defendant, a resident of the District of Columbia, moved to dismiss the complaint of plaintiff, a resident of California. Jurisdiction is asserted on the basis of diversity of citizenship pursuant to 28 U.S.C.A. § 41(1). Section 41(1) was amended April 20, 1940, whereby jurisdiction of the district courts was extended to actions between citizens of the District of Columbia, Territory of Hawaii or Alaska and any state or territory. The motion to dismiss rests on the ground that the foregoing amendment is unconstitutional in that it contravenes Article III, Section 2…