Jardine v. Intehar

FIELD, Chief Judge.

The plaintiff, Jardine, alleging -that he was a citizen and resident of the ‘State of Ohio, instituted this diversity action on July 17, 1962. The defendant has moved to dismiss this action for lack •of jurisdiction, charging that the plaintiff was not at the time of institution of the action a resident or citizen of the State of Ohio, but, in fact, was at that time and is presently a citizen and resident of the State of West Virginia. The defendant having challenged the plaintiff’s allegations of jurisdictional facts, the burden of supporting these allegations rests upon…