MacBRYDE v. BURNETT

No. 1137.

41 F.Supp. 661 (1941)

MacBRYDE v. BURNETT et al.

District Court, D. Maryland.

October 27, 1941.


Attorney(s) appearing for the Case

James Morfit Mullen and R. Contee Rose, both of Baltimore, Md., for plaintiff.

Hilary W. Gans and Joseph T. Brennan, both of Baltimore, Md., for defendants.


CHESNUT, District Judge.

After hearing full oral argument in this case, and consideration of the briefs submitted, and further examination of the proceedings, I have concluded that the motion to dismiss must be overruled. It is therefore so ordered.

The motion to dismiss, as re-filed to the complaint as amended, presents as the only point the absence from the record of an alleged indispensable party. The jurisdiction of the court is based on diverse citizenship...

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