Watters v. Ralston Coal Co.

JOHNSON, District Judge.

This is a motion by defendant to quash the summons and to dismiss the proceedings for lack of jurisdiction. The statement alleges diversity of citizenship as ground for the jurisdiction of the court, setting out that the plaintiff is a citizen of the State of Ohio, and that the defendant is a citizen of the State of Pennsylvania. The motion to dismiss, verified by affidavit, denies that the plaintiff is a citizen of Ohio, and alleges that he is in fact a citizen of Pennsylvania.

Defendant contends, first, that plaintiff’s citizenship was not properly alleged in the…