Merritt v. Greenberg

CAMPBELL, District Judge.

This is an action brought by an infant, by his guardian ad litem. Jurisdiction depends solely on diversity of citizenship. The residence and citizenship of the infant is the state of New York. The guardian ad litem is an alien. The residence and citizenship of the defendant is the state of New York. This is a motion to dismiss for lack of jurisdiction, on the ground that the parties in interest are residents and citizens of the same state, namely, the state of New York.

In an action brought by a guardian who under the laws of the state may sue in his own name, the…