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SHERMAN v. ROOSEVELT CO.

Civil Action No. 1908.

48 F.Supp. 434 (1943)

SHERMAN v. ROOSEVELT CO.

District Court, D. Massachusetts.

January 11, 1943.

Attorney(s) appearing for the Case

Robert M. Morrison, of Boston, Mass., for plaintiff.

Haussermann, Davison & Shattuck and Robert H. Davison, all of Boston, Mass., for defendant.

FORD, District Judge.

This is an action based on Chapter 156, Section 46, of the General Laws of Massachusetts (Ter.Ed.) Annotated Laws of Massachusetts, Vol. 5, p. 109, brought by Ernest Sherman, plaintiff, a stockholder in the defendant corporation. It comes before me on defendant's amended motion to dismiss, the grounds being: (1) That plaintiff is a citizen of Massachusetts rather than of Connecticut as alleged in the complaint and, consequently, there is no diversity...

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