Pack v. United States

STEPHENS, Circuit Judge.

I dissent.

I am not in accord with the main opinion wherein it is stated that the United States district court did not have jurisdiction to decide the issues between the two claimants to insurance benefits. There was diversity of citizenship present and if Lilly Pack had had any objection to the venue she should have made it known seasonably. See Neirbo Co. v. Bethlehem Shipbuilding Corp., 308 U.S. 165, at pages 167, 168, 60 S.Ct. 153, 84 L.Ed. 167, 128 A.L.R. 1437. Instead she pleaded to all of the issues of fact and law by answer and by cross-complaint and requested…