Legal Opinion
Edwin Kerr v. Compagnie De Ultramar and Transmar Corp.
Court of Appeals for the Second Circuit
Decided January 8, 1958No. 24742_1PublishedCited by 111 opinions
1Opinion of the Court
LUMBARD, Circuit Judge.
The question for decision is whether the District Court properly granted the motion of the defendants to dismiss this civil action because there was no diversity of citizenship between plaintiff and one of the defendants, and whether it properly refused to grant the cross-motion of the plaintiff to dismiss as to the non-diverse defendant so that the Court could retain jurisdiction. We find error in these rulings and reverse the order of the District Court.
The genesis and course of the litigation are pertinent to our disposition of this appeal. The plaintiff, Edwin Kerr,…
2Cases cited23 opinions
- Seas Shipping Co. v. SierackiSupreme Court of the United States · 1946
- American Fire & Casualty Co. v. FinnSupreme Court of the United States · 1951
- Pope & Talbot, Inc. v. HawnSupreme Court of the United States · 1953
- Levering & Garrigues Co. v. MorrinSupreme Court of the United States · 1933
- Orange Theatre Corp. v. Rayherstz Amusement Corp.Court of Appeals for the Third Circuit · 1944
18 more not listed; retrieve them via the Exa API.
3Cited by111 opinions
- Fifty Associates, a Massachusetts Corporation v. The Prudential Insurance Company of AmericaCourt of Appeals for the Ninth Circuit · 1970
- Field v. Volkswagenwerk AGCourt of Appeals for the Third Circuit · 1980
- Nasser Jaser v. New York Property Insurance Underwriting Association and Adriano FernandesCourt of Appeals for the Second Circuit · 1987
- Safeco Insurance Company of America v. City of White House, Tennessee, a Municipal CorporationCourt of Appeals for the Sixth Circuit · 1994
- Caperton v. Beatrice Pocahontas Coal Co.Court of Appeals for the Fourth Circuit · 1978
106 more not listed; retrieve them via the Exa API.