Legal Opinion

Silvious v. Helmick

District Court, N.D. West Virginia

Decided October 4, 1968No. 68-5-MPublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM

MAXWELL, Chief Judge.

Death resulted from the complained of automobile accident which occurred on March 17, 1967, in Hampshire County, West Virginia, and as the result of which Plaintiffs, deceased’s Administratrix and employer, sue to recover for the wrongful death of deceased and for the employer’s property damage.

Defendant’s motion to dismiss alleges that the appointment of the Administratrix in this litigation, who is a resident of Virginia, was a collusive attempt to obtain diversity jurisdiction and violates Title 28, Section 1359, United States Code. Defendant also challenges…

2Cases cited14 opinions

  1. Mecom v. Fitzsimmons Drilling Co.Supreme Court of the United States · 1931
  2. Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co.Supreme Court of the United States · 1928
  3. Starcher v. South Penn Oil Co.West Virginia Supreme Court · 1918
  4. Corabi v. Auto Racing, Inc.Court of Appeals for the Third Circuit · 1959
  5. Arthur L. Lang, Administrator of the Estate of Richard Klinkhammer v. The Elm City Construction CompanyCourt of Appeals for the Second Circuit · 1963

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3Cited by2 opinions

  1. Farrell v. DucharmeDistrict Court, D. Vermont · 1970
  2. Clark v. State Fire MarshalWest Virginia Court of Claims · 1978

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