Van Sant v. American Express Co.

On Rehearing.

McLaughlin, circuit judge.

Appellee in its petition for rehearing attacked for the first time appellant’s allegation in her complaint of District of Columbia residency as a basis for diversity of citizenship. We allowed rehearing on the jurisdictional point thereby raised. Appellant then moved to' amend her complaint to show that she had been a resident of Virginia at the time suit was started and filed a detailed affidavit in support of her contention. Appellee opposed the motion, and, alternatively, in the event of its allowance, sought to amend its answer by: (1) Denying the…