Rockmore v. New Jersey Fidelity & Plate Glass Ins.

(after stating the facts as above).

The M. C. T. Co., Inc;, of which the complainant-appellant is the trustee in bankruptcy, was a New York corporation, and the defendant Alpha Brokerage Corporation was incorporated in the same state; If jurisdiction of the District Court depended on diversity of citizenship, and Alpha Brokerage Corporation was an indispensable party to the suit, jurisdiction was lacking and the bill of complaint was properly dismissed.

The appellant contends that the District Court erred in dismissing the bill because:(1) Jurisdiction did not depend on diversity of…