Legal Opinion

Sudduth Bros. v. Kyanite Mining Corp.

District Court, E.D. Tennessee

Decided May 17, 1967No. Civ. A. No. 5902PublishedCited by 4 opinions

1Opinion of the Court

MEMORANDUM

ROBERT L. TAYLOR, Chief Judge.

Defendants, Goray Realty Company, and Walter Gernt and Bruneo Gernt Heirs, have filed motions to dismiss based, among other reasons, upon lack of jurisdiction, because diversity of citizenship is not shown or sufficiently alleged in the complaint.

On May 9, 1967 and subsequently to the filing of the two motions, plaintiff filed an amendment to its complaint making more specific the allegations of the original complaint. Since the suit is basically one against certain named defendants and against the unknown heirs of certain named persons for the removal…

2Cases cited9 opinions

  1. Interior Construction & Improvement Co. v. GibneySupreme Court of the United States · 1895
  2. Greeley v. LoweSupreme Court of the United States · 1894
  3. Wilhelm v. Consolidated Oil CorporationCourt of Appeals for the Tenth Circuit · 1936
  4. Tug River, Coal & Salt Co. v. BrigelCourt of Appeals for the Sixth Circuit · 1895
  5. American Surety Co. v. Edwards & Bradford Lumber Co.District Court, N.D. Iowa · 1944

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3Cited by4 opinions

  1. Georgia Central Credit Union v. Martin G.M.C. Trucks, Inc.Court of Appeals for the Fifth Circuit · 1980
  2. Nowell v. NowellDistrict Court, D. Massachusetts · 1968
  3. Georgia Central Credit Union v. MartinCourt of Appeals for the Fifth Circuit · 1980
  4. Secretary of the U.S. Department of Housing and Urban Development v. Estate of Mary FlemingDistrict Court, S.D. New York · 2019

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