Legal Opinion
Dominic A. Esposito, Guardian of the Estate of David J. McClintock Jr., a Minor v. Ralph Emery and Cecil Spencer
Court of Appeals for the Third Circuit
Decided October 2, 1968No. 16671_1PublishedCited by 31 opinions
1Opinion of the Court
OPINION OF THE COURT
FREEDMAN, Circuit Judge:
After submission to a panel we ordered this appeal to be argued before the court en banc with McSparran v. Weist, 402 F.2d 867, in order to review the jurisdictional question which we raised sua sponte,1 where diversity of citizenship is created or “manufactured” by the appointment of a nonresident guardian of a minor, selected solely for the purpose of creating diversity.
On January 3, 1962, David J. McClintock, Jr., a seven year old second grade pupil at the Unionville, Pennsylvania, Elementary School, was seriously injured when a bank of school…
2Cases cited4 opinions
- McSparran v. WeistCourt of Appeals for the Third Circuit · 1968
- Lumbermen's Mutual Casualty Co. v. ElbertSupreme Court of the United States · 1954
- Esposito v. EmeryDistrict Court, E.D. Pennsylvania · 1965
- Esposito v. EmeryDistrict Court, E.D. Pennsylvania · 1967
3Cited by31 opinions
- McSparran v. WeistCourt of Appeals for the Third Circuit · 1968
- James L. Lester, Administrator of the Estate of Flossie Mae Garner Brown, Deceased v. Heyward McFaddon and Cameron Lumber CompanyCourt of Appeals for the Fourth Circuit · 1969
- Groh v. BrooksCourt of Appeals for the Third Circuit · 1970
- Duffy v. CurrierDistrict Court, D. Minnesota · 1968
- Joseph E. Bass, Administrator of the Estate of John William Morris, Deceased v. Texas Power & Light CompanyCourt of Appeals for the Fifth Circuit · 1970
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