Legal Opinion
Overton v. Rainbo Baking Co. of Johnson City, Inc.
District Court, E.D. Tennessee
Decided November 6, 1964No. Civ. A. No. 1761PublishedCited by 7 opinions
1Opinion of the Court
NEESE, District Judge.
This is an original action in this court for wrongful death. The plaintiff-administrator sought to invoke the jurisdiction of this court under the diversity statute, 28 U.S.C. § 1332.
At the pretrial conference herein, the Court, sua sponte, directed counsel’s attention to the insufficiency of the allegations in the complaint to invoke effectively the jurisdiction of this court under the diversity statute, supra. Inter alia, the plaintiff had not alleged the State in which the corporate defendant has its principal place of business. 28 U.S.C. § 1332(c). The plaintiff…
2Cases cited5 opinions
- Mitchell v. MaurerSupreme Court of the United States · 1934
- Thomson v. GaskillSupreme Court of the United States · 1942
- Pan American Petroleum Corp. v. Superior Court of Del. for New Castle Cty.Supreme Court of the United States · 1961
- Continental Coal Corp. v. Roszelle Bros.Court of Appeals for the Sixth Circuit · 1917
- Jack R. Kelly v. United States Steel Corporation and the Thew Shovel Company, a Corporation, Homer L. Johnston v. United States Steel Corporation and the Thew Shovel Company, a Corporation. Rose Marie Egan, and George W. Egan and Teresa Egan, Her Parents v. United States Steel Corporation. Andrew J. Turner, Sr. v. United States Steel Corporation. Mary McKissock v. United States Steel CorporationCourt of Appeals for the Third Circuit · 1960
3Cited by7 opinions
- Harris v. Black Clawson Co.Court of Appeals for the Fifth Circuit · 1992
- Travelers Prop. Cas. Co. of Am. v. Ocean Reef Charters LLCDistrict Court, W.D. New York · 2018
- Tsesmelys v. Dublin Truck Leasing Corp.District Court, E.D. Tennessee · 1976
- Brown v. Kingsport Publishing Corp.District Court, E.D. Tennessee · 1971
- Rose v. ElliottDistrict Court, E.D. Tennessee · 1976
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