Gavin v. Hudson & Manhattan R.

GOODRICH, Circuit Judge.

This case raises the question of where a plaintiff may sue a two-state corporation. The plaintiffs in the respective appeals are citizens of New Jersey. They have sued the defendant in the federal court for the District of New Jersey alleging it to be a corporation of the state of New York. The defendant replies that it is incorporated in both New York and New Jersey1 and has successfully asked for dismissal on the ground that there is no diversity of citizenship.

At the outset it is clear that we are necessarily dealing with a set of concepts which takes us far from…