Liberty Mut. Ins. Co. v. Tel-Mor Garage Corporation

McGOHEY, District Judge.

The defendants before answer move separately, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S. C.A., to dismiss the complaint upon the grounds (a) that this court lacks jurisdiction under Sections 1331 and 1332 of Title 28 U.S. Code, 28 U.S.C.A. §§ 1331, 1332, and (b) that the plaintiff has been made such collusively in order to invoke jurisdiction, in violation of Section 1359 of Title 28 U. S. Code, 28 U.S.C.A. § 1359.

Plaintiff is a foreign corporation organized under the laws of Massachusetts. Both defendants are citizens of New York. The…