Carlton Properties, Inc. v. Crescent City Leasing Corp.

Plaintiff, a corporation, instituted this action for specific performance and allied relief in the Court of Common Pleas of Bucks County. On May 25, 1962, defendant, also a corporation, filed a petition for removal of the action to this Court, purportedly on the basis of diversity of citizenship. Plaintiff thereafter filed a motion for remand on the ground that the record failed to show that diversity existed when the suit was instituted by the issuance of the summons in equity on April 30, 1962. Plaintiff’s contention has merit, and the motion will be granted.

The citizenship of a corporation…