McGonigle v. Baxter

EGAN, District Judge.

Pursuant to Federal Rule of Civil Procedure 36, 28 U.S.C., the defendants have requested the plaintiff to admit the truth of some ten statements of fact, all relating to the question of whether the plaintiff at the time of instituting this suit was a citizen of New Jersey, as he claims, or of Pennsylvania, as the defendants claim. Since the defendants were citizens of Pennsylvania at the time the complaint was filed, a finding that the plaintiff was also a Pennsylvania citizen would defeat this Court’s jurisdiction. The plaintiff has objected to all of the requested…