GERSTMAN v. POOLE

Civ. A. No. 10045.

88 F.Supp. 733 (1950)

GERSTMAN v. POOLE

United States District Court E. D. Pennsylvania.

February 20, 1950.


Attorney(s) appearing for the Case

Harry H. Lipsig, New York City, and Charles Edwin Wallington, Philadelphia, Pa., for plaintiff.

Zoob & Matz, Philadelphia, Pa., for defendant.


McGRANERY, District Judge.

This suit was brought to recover damages for personal injuries. The jurisdiction of this Court is invoked on the basis of diversity of citizenship, and the defendant moves to dismiss on the ground of improper venue.

However, an examination of the complaint discloses that the "residence" of the parties rather than their "citizenship" is pleaded. An allegation that a party is a resident of a state is not a sufficient allegation of...

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