BRETZ v. BALTIMORE & O. R. CO.

No. 1.

19 F.2d 960 (1927)

BRETZ v. BALTIMORE & O. R. CO.

District Court, D. Delaware.

May 25, 1927.


Attorney(s) appearing for the Case

Charles A. Ludlow, of New York City, and Edmund S. Hellings, of Wilmington, Del., for plaintiff.

John W. Huxley, Jr., of Wilmington, Del., for defendant.


MORRIS, District Judge.

To the declaration filed herein the defendant has demurred for want of jurisdiction, which is dependent upon diversity of citizenship, the jurisdictional amount being involved. The required diversity of citizenship exists between the parties, but neither is a resident of this district. It is to the want of such residence that the demurrer is really directed. The statute providing that such suit shall be brought only in the district of the residence...

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