Legal Opinion
O'Brien v. AVCO Corp.
Court of Appeals for the Second Circuit
Decided November 13, 1969No. Nos. 120, 121, Dockets 33576, 33577PublishedCited by 2 opinions
1Opinion of the Court
IRVING R. KAUFMAN, Circuit Judge.
The sole question for determination on appeal is whether appointment of an administrator c. t. a. of an estate for the purpose of invoking federal diversity jurisdiction is “improper” or “collusive” within the meaning of 28 U.S.C. § 1359 (1964).1
Since the dispute is over the law alone, the facts may be stated briefly. In 1965, Chester J. Barch, John T. Schweitzer, and Harry T. Ditch were passengers in a small plane owned by the Paul G. Badgley Company, Inc. of New York, flown by its president, Paul G. Badgley, from its hangar in Syracuse. En route to…
2Cases cited23 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- The Employers'liability CasesSupreme Court of the United States · 1908
- Bank of the United States v. DeveauxSupreme Court of the United States · 1809
- Kramer v. Caribbean Mills, Inc.Supreme Court of the United States · 1969
- Black & White Taxicab & Transfer Co. v. Brown & Yellow Taxicab & Transfer Co.Supreme Court of the United States · 1928
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3Cited by2 opinions
- Deajess Medical Imaging, P.C. v. Allstate InsuranceDistrict Court, S.D. New York · 2005
- O'brien v. Avco CorporationCourt of Appeals for the Second Circuit · 1969