T. O. Bradbury and N. B. Burt v. Frank Dennis

MURRAH, Chief Judge.

This interlocutory appeal under Section 1292(b) Title 28 U.S.C., squarely presents the question of the trial court’s diversity jurisdiction. It is contended that the assignment of the asserted cause of action by a wholly owned resident corporation to its nonresident stockholder-plaintiff was “improperly or collusively” made to invoke federal court jurisdiction within the meaning of Section 1359, 28 U.S.C., which denies diversity jurisdiction in such cases. 1 The trial court sustained its diversity jurisdiction, but certified the question here as one as to which “there is…