DOLLAR S. S. LINES v. MERZ

No. 6999.

68 F.2d 594 (1934)

DOLLAR S. S. LINES, Inc., et al. v. MERZ.

Circuit Court of Appeals, Ninth Circuit.

January 23, 1934.


Attorney(s) appearing for the Case

Hugh Montgomery, of San Francisco, Cal., for appellants.

Lelia R. Leep, of San Francisco, Cal. (Wm. Shutz, of San Francisco, Cal., on the brief), for appellee.

Before WILBUR, SAWTELLE, and MACK, Circuit Judges.


MACK, Circuit Judge.

From a $2,500 judgment for plaintiff in an action for libel, defendants appeal.

Jurisdiction was predicated on diversity of citizenship. It appears, however, from the pleadings and admissions that the defendants, La Place and Trapp, are citizens of the same state as plaintiff. Unless these defendants are merely nominal parties, the court was without jurisdiction. Appellee, contending that they are nominal parties, asks that we either disregard...

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