Legal Opinion

McSparran v. Weist

Court of Appeals for the Third Circuit

Decided October 2, 1968No. 16793PublishedCited by 170 opinions

1Opinion of the Court

OPINION OF THE COURT

FREEDMAN, Circuit Judge

This appeal was argued before a panel and we ordered it to be reargued before the court en banc with Esposito v. Emery, 3 Cir., 402 F.2d 878 so that we could review the troublesome question of the jurisdiction of a federal court where diversity of citizenship is created or “manufactured” by the appointment of a nonresident guardian of a minor, selected solely for the purpose of creating diversity. Here federal jurisdiction over the parent’s consequential claim is asserted as pendent to the “manufactured” diversity claim of the child for damages.

Richar…

2Cases cited65 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. Stovall v. DennoSupreme Court of the United States · 1967
  4. Escobedo v. IllinoisSupreme Court of the United States · 1964
  5. Griffin v. CaliforniaSupreme Court of the United States · 1965

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3Cited by170 opinions

  1. Hritz v. Woma Corp.Court of Appeals for the Third Circuit · 1984
  2. George S. Krasnov v. Brendan DinanCourt of Appeals for the Third Circuit · 1972
  3. Kramer v. Caribbean Mills, Inc.Supreme Court of the United States · 1969
  4. Encompass Insurance Co v. Stone Mansion Restaurant IncCourt of Appeals for the Third Circuit · 2018
  5. United States v. Norman ArcherCourt of Appeals for the Second Circuit · 1973

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