MONKS v. BARKER

No. 223 Civ. A.

35 F.Supp. 528 (1940)

MONKS v. BARKER et al.

District Court, D. Massachusetts.

October 24, 1940.


Attorney(s) appearing for the Case

Walter E. Doherty, Jr., Edward J. Murray, Herbert S. Avery, and Avery, Dooley, Post & Carroll, all of Boston, Mass., for plaintiff.

Haussermann, Davison & Shattuck and Mayo A. Shattuck, all of Boston, Mass., for defendants B. Devereux Barker and Archibald G. Monks, Trustees.

Murray F. Hall, and Goodwin, Proctor & Hoar, all of Boston, Mass., for Donald J. Hurley, Adm'r, defendant.


McLELLAN, District Judge.

The defendant's "Motion to Dismiss and for Other Relief" is based upon grounds which make it unnecessary to state what the action is about.

(1) The relief sought in Paragraph 1 of the motion is a dismissal of the action for lack of jurisdiction because of the want of diversity of citizenship between the parties. The motion may not be allowed upon this ground, because whatever the situation later may have become, there was sufficient...

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