La Salle v. Firestone Tire & Rubber Co.

BYERS, District Judge.

This is a plaintiff’s motion to amend the summons and complaint by adding as a defendant Dominick Mustello, doing business as Dick’s Service Station, as a party defendant.

The motion is opposed on the ground that the proposed defendant is a resident of this State and District, and that the effect of granting the motion would be to oust the court of jurisdiction which is based on diversity of citizenship between the plaintiff and the first named corporate defendant. The second named corporate defendant has been dismissed on consent for failure of attempted service of…