Legal Opinion

Boysen v. Treadway Inn of Lake Harmony, Inc.

District Court, E.D. Pennsylvania

Decided June 23, 1971No. Civ. A. No. 70-1766PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

JOHN W. LORD, Jr., Chief Judge.

The Court is presently called upon to. rule on the defendant’s motion to dismiss pursuant to Rule 12(h) of the Federal Rules of Civil Procedure, alleging lack of diversity jurisdiction. We grant the motion for the reasons set forth herein.

Plaintiff instituted suit for injuries sustained when an automobile driven by one Joseph Donahue (whose complaint was severed) went over a cliff located on the grounds of the defendant hotel, which the defendant had allegedly failed to warn against, illuminate or protect by barriers.

It is undisputed that the…

2Cases cited8 opinions

  1. McNutt v. General Motors Acceptance Corp.Supreme Court of the United States · 1936
  2. Gibbs v. BuckSupreme Court of the United States · 1939
  3. KVOS, Inc. v. Associated PressSupreme Court of the United States · 1936
  4. Inland Rubber Corporation v. Triple a Tire Service, Inc.District Court, S.D. New York · 1963
  5. James J. Canton, Robert Reeves and L. B. Johnson v. Angelina Casualty CompanyCourt of Appeals for the Fifth Circuit · 1960

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3Cited by8 opinions

  1. Strick Corp. v. A. J. F. Warehouse Distributors, Inc.District Court, E.D. Pennsylvania · 1982
  2. Wolgin v. Atlas United Financial CorporationDistrict Court, E.D. Pennsylvania · 1975
  3. Rockwell International Corp. v. Costruzioni Aeronautiche Giovanni AgustaDistrict Court, E.D. Pennsylvania · 1982
  4. Wheelabrator Frackville Energy Co. v. Morea Culm Services, Inc.District Court, E.D. Pennsylvania · 1990
  5. Renold Power Transmission Corp. v. Cunningham Bearing Co.District Court, M.D. Pennsylvania · 1985

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