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JAFFE v. PHILADELPHIA & WESTERN R. CO.

Civ. A. No. 7566.

80 F.Supp. 416 (1948)

JAFFE v. PHILADELPHIA & WESTERN R. CO.

United States District Court E. D. Pennsylvania.

January 27, 1948.

Attorney(s) appearing for the Case

Richter, Lord & Farage, of Philadelphia, Pa., for plaintiff.

Drinker, Biddle & Reath, of Philadelphia, Pa., for defendant.

KIRKPATRICK, District Judge.

The Statute (28 U.S.C.A. § 80),1 so far as being applicable to this action, provides that if it shall appear (1) that the suit does not really and substantially involve a controversy within the jurisdiction of the court, or (2) that one of the parties has been improperly or collusively made for the purpose of creating a case within the diversity jurisdiction of the court, the action must be dismissed....

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