Maria Pilar White v. Lee Marine Corporation

GEWIN, Circuit Judge:

In this diversity case, we are called upon to determine whether the appointment of a Louisiana representative to sue on behalf of Texas residents to set aside a consent judgment in a wrongful death action is “improper or collusive” within the meaning of 28 U.S.C. § 1359. 1 We believe that it is and therefore affirm the district court’s dismissal of appellant’s suit for want of jurisdiction.

Plaintiff-appellant, Mrs. Maria White resides in Orange County, Texas with her six children. She originally brought this suit on January 24,1967 in her own name as guardian of her…