SWAN v. FIRST CHURCH OF CHRIST, SCIENTIST, IN BOSTON

No. 14195.

225 F.2d 745 (1955)

Alexander SWAN, 2d, Appellant, v. The FIRST CHURCH OF CHRIST, SCIENTIST, IN BOSTON, MASSACHUSETTS, Also Known as the Church of Christ (Scientist), a Corporation; The Christian Science Board of Directors, and the Christian Science Publishing Society, a Corporation, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied October 25, 1955.


Attorney(s) appearing for the Case

Eugene L. Wolver, Los Angeles, Cal., for appellant. Lindstrom & Bartlett, Ralph G. Lindstrom, Los Angeles, Cal., for appellee.

Before POPE, FEE and CHAMBERS, Circuit Judges.


POPE, Circuit Judge.

This is an appeal from a decision finally dismissing, with prejudice, two counts of appellant's complaint and granting a summary judgment upon the remaining third count. Appellees moved to dismiss the appeal on the ground that the court below lacked jurisdiction for want of the required diversity of citizenship, and hence that we may not entertain the appeal.

If there be federal jurisdiction here, it is dependent on diversity of citizenship...

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