Legal Opinion
Stephan v. Marlin Firearms Company
District Court, D. Connecticut
Decided May 14, 1963No. Civ. 9194PublishedCited by 7 opinions
1Opinion of the Court
TIMBERS, District Judge.
The motion of defendant Marlin Firearms Company, Inc., pursuant to Rule 12(b) (1), Fed.R.Civ.P., to dismiss the action for lack of jurisdiction over the subject matter, raises the question whether appointment of plaintiff as foreign guardian of the estate of a minor child expressly for the purpose of creating diversity of citizenship in this action for negligence and breach of warranty requires dismissal on the ground plaintiff “has been improperly or collusively made or joined to invoke the jurisdiction” of this Court within the meaning of 28 U.S.C. § 1359.
The Court…
2Cases cited2 opinions
- Corabi v. Auto Racing, Inc.Court of Appeals for the Third Circuit · 1959
- Lang v. Elm City Construction CompanyDistrict Court, D. Connecticut · 1963
3Cited by7 opinions
- McSparran v. WeistCourt of Appeals for the Third Circuit · 1968
- Caribbean Mills, Inc. v. Clayton S. KramerCourt of Appeals for the Fifth Circuit · 1968
- Stephan v. Marlin Firearms Co.Court of Appeals for the Second Circuit · 1963
- Hernandez v. LucasDistrict Court, S.D. Texas · 1966
- Caribbean Mills, Inc. v. Clayton S. KramerCourt of Appeals for the Fifth Circuit · 1968
2 more not listed; retrieve them via the Exa API.