Klausner v. Levy

BRYAN, District Judge.

The issue of jurisdiction has been tried separately before the Court, and its decision requires a determination of the question whether the plaintiff, averring and proving himself to be a citizen of Palestine when he instituted this action m March 1948, was a citizen of a “foreign state” within the intent of the diversity-jurisdiction clauses of the Constitution and statutes of the United States. Art. III., sec. 2; old Title 28 U.S.C.A. § 41(1), now 28 U.S.C.A. § 1332(2). These clauses give this Court jurisdiction of the present action only if the plaintiff can prove…