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PEOPLE v. NATIONAL SURETY CORPORATION

No. 9886.

147 F.2d 997 (1945)

PEOPLE of Michigan ex rel. VINCENT et al. v. NATIONAL SURETY CORPORATION et al.

Circuit Court of Appeals, Sixth Circuit.

February 19, 1945.

Attorney(s) appearing for the Case

Hugh K. Davidson and Morrow & Kull, all of Detroit, Mich., for appellants.

Mason, Davidson & Mansfield, Ken F. Corbitt, and Duffy & Sullivan, all of Detroit, Mich., for appellees.

Before HICKS, SIMONS, and MARTIN, Circuit Judges.

PER CURIAM.

It appearing that the cause was below dismissed because of lack of diversity of citizenship, and is submitted here on appeal on an agreed statement of facts, limited to excerpts from the pleadings, and it appearing from the record that the citizenship of Vincent, plaintiff, is in the complaint asserted to be in Indiana while the answer in denial asserts he is a citizen of Michigan, and it also appearing that there are no proofs, by affidavit or oral testimony...

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