Legal Opinion

Fannin v. Chesapeake & Ohio Railway Co.

District Court, W.D. Pennsylvania

Decided April 5, 1962No. Civ. A. No. 61-775PublishedCited by 3 opinions

1Opinion of the Court

WILLSON, District Judge.

In this diversity action the defendant, Chesapeake and Ohio Railway Company (hereinafter referred to as C & 0) has filed a motion'to dismiss the complaint and for summary judgment in its favor. It assigns three reasons:

1. This Court lacks jurisdiction over the C & 0.

2. This Court lacks venue under 28 U.S.C.A. § 1391 because plaintiff, Joseph Norman Fannin, is admittedly a citizen of Kentucky and plaintiff, Bituminous Casualty Corporation, is a citizen of Illinois, and neither of the defendants are residents or citizens of this judicial district.

3. The Court does not…

2Cases cited9 opinions

  1. International Shoe Co. v. WashingtonSupreme Court of the United States · 1945
  2. Perkins v. Benguet Consolidated Mining Co.Supreme Court of the United States · 1952
  3. Green v. Chicago, Burlington & Quincy Railway Co.Supreme Court of the United States · 1907
  4. Olberding v. Illinois Central RailroadSupreme Court of the United States · 1953
  5. Rufo v. the Bastian-Blessing Co.Supreme Court of Pennsylvania · 1961

4 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Amercoat Corp. v. Reagent Chem. & Research Inc.New Jersey Superior Court Appellate Division · 1970
  2. Glaser v. Pennsylvania RRNew Jersey Superior Court Appellate Division · 1963
  3. Gearhart v. PulakosDistrict Court, W.D. Pennsylvania · 1962

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