Dollar S. S. Lines, Inc. v. Merz
Court of Appeals for the Ninth Circuit
1Opinion of the Court
MACK, Circuit Judge.
From a $2,500 judgment for plaintiff in an action for libel, defendants appeal.
Jurisdiction was predicated on diversity of citizenship. It appears, however, from the pleadings and admissions that the defendants, La Place and Trapp, are citizens of the same state as plaintiff. Unless these defendants are merely nominal parties, the court was without jurisdiction. Appellee, contending that they are nominal parties, asks that we either disregard them or dismiss as to them, and go on to a consideration of the merits. Appellants contend that it is too late to remedy the defect…
2Cases cited30 opinions
- Grace v. American Central InsuranceSupreme Court of the United States · 1883
- Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
- Washington Gas Light Co. v. LansdenSupreme Court of the United States · 1899
- Camp v. GressSupreme Court of the United States · 1919
- Horn v. LockhartSupreme Court of the United States · 1873
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3Cited by60 opinions
- Newman-Green, Inc. v. Alfonzo-LarrainSupreme Court of the United States · 1989
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Edwin Kerr v. Compagnie De Ultramar and Transmar Corp.Court of Appeals for the Second Circuit · 1958
- International Ladies' Garment Workers' Union v. Donnelly Garment Co.Court of Appeals for the Eighth Circuit · 1941
- Finn v. American Fire & Casualty Co. American Fire & Casualty Co. v. FinnCourt of Appeals for the Fifth Circuit · 1953
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