Legal Opinion

Givens v. Moll

Court of Appeals for the Fifth Circuit

Decided November 15, 1949No. 12520PublishedCited by 21 opinions

1Opinion of the Court

HUTCHESON, Circuit Judge.

Appealing from a judgment dismissing his suit for want of jurisdiction, appellant, a citizen of Florida, is here insisting that his complaint showed both the requisite diversity of citizenship and the existence of a federal question, and the judgment must 'be- reversed.

We cannot at all agree. Nowhere in the course of the lengthy complaint is the requisite diversity claimed or even suggested.1 On the contrary, the complaint, in naming as a “real respondent” W. E. Duggan, a co-citizen with plaintiff of Florida, on its face deprives the suit of the requisite diversity.…

2Cases cited8 opinions

  1. Indianapolis v. Chase Nat. BankSupreme Court of the United States · 1941
  2. Alexander v. HillmanSupreme Court of the United States · 1935
  3. City of Dawson v. Columbia Avenue Saving Fund, Safe Deposit, Title & Trust Co.Supreme Court of the United States · 1905
  4. Worcester County Trust Co. v. RileySupreme Court of the United States · 1937
  5. Central Land Co. v. LaidleySupreme Court of the United States · 1895

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3Cited by21 opinions

  1. McGuire v. ToddCourt of Appeals for the Fifth Circuit · 1952
  2. Whittington v. JohnstonCourt of Appeals for the Fifth Circuit · 1953
  3. Bernard E. Koll v. Wayzata State BankCourt of Appeals for the Eighth Circuit · 1968
  4. Oppenheim v. SterlingCourt of Appeals for the Tenth Circuit · 1966
  5. Fed. Sec. L. Rep. P 96,537 William M. Reid, Individually and Derivatively on Behalf of Weatherby Engineering Co. v. H. D. HughesCourt of Appeals for the Fifth Circuit · 1978

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